SECTION 9: TRADE NAMES
Article 164: Use of the trade name
A name or designation may not be used as a trade name if, by its nature or through the use
which may be made of it, it is contrary to public order or morality and, in particular, is likely
to deceive those in commercial circles or the public as to the nature of the company
designated by the name.
Notwithstanding any legislative or regulatory provision providing for the obligation to
register trade names, such names shall be protected, even prior to or without registration,
against any unlawful act committed by third parties.
Any subsequent use of the trade name by a third party shall, in particular, be considered
unlawful, be it in the form of a trade name, mark or collective mark, in the same way as any
use of a similar trade name or a similar mark likely to mislead the public.
Any change in ownership of a trade name shall be accompanied by the transfer of the
company, or part thereof, identified by the name, and shall be recorded in writing.
CHAPTER II: PROTECTION OF GEOGRAPHICAL INDICATIONS
SECTION ONE: PROTECTION REQUIREMENTS
Article 165: Protection requirement and presumption
The protection granted by this Law shall be applicable, irrespective of whether a geographical
indication has been registered; as part of any proceedings instituted under this Law, however,
a registration shall establish the presumption that the registered indication is a geographical
indication, pursuant to the provisions of this Law.
This protection may be opposed to any geographical indication which, although it is accurate
in literal terms as regards the territory, region or area from which the goods originate,
misleads the public in that it makes them think that the goods originate from a different
territory.
Article 166: Homonyms of geographical indications for wines
In the case of homonyms of geographical indications for wines, protection shall be granted for
each indication, subject to the provisions of paragraph 2 of article 165 of this Law. Where the
parallel use of these indications is authorized, the empowered authority shall fix the practical
procedures according to which the homonymous indications in question are distinguished
from each other, taking into account the need to provide equitable treatment for the producers
referred to and to ensure that consumers are not misled.
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