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121.—(1) Any enterprise or owner of a commercial, industrial, handicraft or
agricultural establishment located on the national territory wishing to obtain registration for
the trade name attaching to his enterprise or establishment, shall file or address, by registered
mail with acknowledgment of receipt, to the Agency:
(a) an application for registration in four copies containing the following particulars:
(i) surname, forenames, address and nationality of the applicant,
(ii) the trade name for which registration is sought, accompanied, where appropriate, by
the label, in four copies, of the trade name as in use,
(iii) the place where the establishment or enterprise concerned is located together with
its field of activity;
(b) proof of payment to the Agency of the prescribed application fee and publication
fee;
(c) powers, where the petitioner is represented by a agent or representative, in
accordance with Article 132.
(2) The effective date applied for postal filing of a trade name shall be determined in
the implementing decree.
122.—(1) The owner mentioned in Article 121 may file his application with the
registry of the court of his main place of business. In such case;
(i) a record drawn up by the registrar shall confirm each filing by stating the day and
time of receipt of the elements referred to in Article 121(1)(a);
(ii) a copy of the record shall be handed to the applicant;
(iii) immediately after entry of the application in the register and within five days from
the date of filing, the registrar shall transmit to the Agency the four copies of the application
referred to in Article 121(1)(a), a certified copy of the record of filing, the document proving
payment of the fees and, where appropriate, the powers referred to in Article 121(1)(c).
(2) The Agency shall open and enter applications transmitted by court registries in the
order of their receipt.
123.—(1) After having verified that the trade name is not contrary to Article 118, that
the application is regular and that the fees have been paid for publication, the Agency shall
proceed with registration of the trade name.
(2) The registration shall have effect retroactively to the date of filing.
(3) The Agency shall return to the applicant a copy of the label of the trade name,
bearing the registration notice.
(4) Any application that does not satisfy the requirements of Article 118 shall be
rejected.
(5) In the event of a material defect, a period of two months shall be given to the
applicant to correct his application. This period may be extended by three further months at
the request of the applicant giving reasons. If regularization is not effected within the
prescribed period of time, the application shall be rejected. Regularization may be subject to
the payment of a fee.
(6) Rejection shall be decided by the Agency and notified to the applicant.
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