Art. 138, - Assumed name.
1. Every trader may, carry on his trade under an assumed name provided such i6ne is
not likely to create confusion in a manner prejudicial to the interests of another trader.
2. Where proceedings for unfair competition are instituted by reason of confusion
created by the use of an assumed name, the court may order that damages be paid by
the trader who created confusion and way, in addition, prohibit such trader from using
the assumed name.
Art.139. Assignment of trade-name.
1. The trade-name may not be assigned except together with the business to which
it refers
2. The trade-name may not he used by the new trader unless it is followed by the
name of such trader and by the words "successor" or "lessee". The now trader
may only use his own name in signing commercial papers.
Section 4. Distinguishing Marks
Art. 140.- Definition.
1. A distinguishing mark is the name designation sign or emblem affixed on the
premises where the trade is carried on and which clearly designates the business.
2. The use of distinguishing mark is not compulsory
Art. 141. Choice of distinguishing mark.
A trader may choose any distinguishing mark.
Damages may be claimed on the ground of unfair competition where the distinguishing
mark is likely to create confusion in a manner prejudicial to another trader having used
an identical or distinguishing mark.
b. Patents and Literary or Artistic Copyright
Art 148. - Patents.
1. A business may consist of patents relating to registered inventions, trade-marks,
designs and models.
2. Patents shall be subject to the provisions of special laws.
c. Articles from the Civil Code regarding Copy Right