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54. The provisions of this Ordinance shall apply to international applications filed prior
to the entry into force of this Ordinance.
Title II
Provisions on Trademarks
Section 1
General Provisions
55.—(1) For the purposes of this Ordinance:
(i) “mark” shall mean any visible sign intended and capable of distinguishing the goods
or services of one enterprise from those of other enterprises;
(ii) “collective mark” shall mean any visible sign designated as a collective mark at the
time of filing that is intended and capable of identifying the origin, quality or any other
common characteristic of goods or services of various enterprises which use the collective
mark under the control of the owner;
(iii) “enterprise” shall mean any natural or legal person carrying on an industrial,
agricultural, craft or commercial activity.
(2) Shall be considered as marks under paragraph (1), surnames as such or in a
distinctive form, special, arbitrary or fancy denominations, the characteristic form of a
product or of its wrapped presentation, labels, envelopes, emblems, prints, stamps, seals,
colors, designs, reliefs, letters, devices, slogans, pseudonyms and, in general, any materialized
signs that are sufficiently distinctive for the use for which they are intended.
(3) The use of a generic term as a mark may not be subject to individual appropriation.
Recourse to a generic term for use in a completely different field shall be permitted unless it
may constitute a source of error or confusion for the local consumer.
56. The use of a mark shall be optional except in those fields expressly defined by other
legislative or regulatory provisions.
57.—(1) Signs the use of which is contrary to public policy or morality and which, in
particular, are liable to deceive trade circles or the public as to the nature, the source, the
manufacturing process, the characteristics or the suitability for their purpose, of the goods or
services concerned, may not constitute a mark or form part of a mark and shall not be
registered.
(2) In compliance with Article 6ter of the Paris Convention, signs which reproduce or
imitate the armorial bearings, flags and other emblems, official signs or hallmarks adopted by
a State, initials, names or abbreviations of names of any State or of any intergovernmental
international organization shall be excluded from any application for protection and may not
be registered in the form of a mark, unless authorized by the competent authority of such State
or organization.
(3) The following shall not be protected or registered as a mark:
(a) A sign which is incapable of distinguishing the goods or services of one enterprise
from those of other enterprises, particularly where:
(i) the sign consists of the shape of the goods concerned or of their packaging and such
form is imposed by the inherent nature or function of such goods or of their packaging;
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