ANNEX III
TRADE MARKS AND SERVICE MARKS
TITLE I
GENERAL PROVISIONS
Article 1
Optional Character of the Mark
Trademarks or service marks shall be optional. However, member States may
exceptionally declare them compulsory for the goods or services that they shall specify.
Article 2
Signs Recognized as Marks
(1) Any visible sign used or intended to be used and capable of distinguishing the
goods or services of any enterprise shall be considered a trademark or service mark, including
in particular surnames by themselves or in a distinctive form, special, arbitrary or fanciful
designations, the characteristic form of a product or its packaging, labels, wrappers, emblems,
prints, stamps, seals, vignettes, borders, combinations or arrangements of colors, drawings,
reliefs, letters, numbers, devices and pseudonyms.
(2) The trademarks or service marks shall be considered collective marks where the
conditions for their use are laid down in rules approved by the competent authority and where
they may be used only by enterprises of public character, unions or groups of unions,
associations, groups of producers, manufacturers, craftsmen or tradesmen, provided that the
latter are officially recognized and have legal personality.
Article 3
Marks Not Eligible for Registration
A mark may not be validly registered if
(a) it is devoid of distinctiveness, notably owing to the fact that it consists of signs or
matter constituting the necessary or genetic designation of the product or the composition
thereof;
(b) it is identical to a mark that belongs to another owner and is already registered, or
the filing or priority date of which is earlier, and which relates to the same or similar goods or
services, or where it so resembles such a mark that it is liable to mislead or confuse;
(c) it is contrary to public policy, morality or the law;
(d) it is liable to mislead the public or business circles, notably as to the geographical
origin, nature or characteristics of the goods or services in question;
(e) it reproduces, imitates or incorporates armorial bearings, flags or other emblems, the
abbreviated name or acronym or an official sign or hallmark indicating control and warranty
of a State or intergovernmental organization established by an international convention,
except where the competent authority of that State or of that organization has given its
permission.