ANNEX V
TRADE NAMES
Article 1
Definition
Within the meaning of this Annex, a trade name shall be the name under which a trade,
industrial, craft or agricultural establishment is known and exploited.
Article 2
Name or Designation Not Admissible
as a Trade Name
A name or designation shall not be admissible as a trade name if, by reason of its nature
or the use to which it may be put, it is contrary to morality or public policy and if, in
particular, it is liable to mislead trade circles or the public as to the nature of the trade,
industrial, craft or agricultural establishment of that name.
Article 3
Right to the Trade Name
(1) Subject to the provisions hereafter, a trade name shall belong to the person having
first made use of it or having first registered it.
(2) The use of a trade name may only be proved by written or printed matter or
documents contemporaneous with the facts they seek to establish.
(3) Where a registered trade name has been publicly used in a continuous manner on
the national territory for at least five years without having given rise to a legal action
recognized as being well-founded, ownership of the trade name may not be challenged on the
ground of priority of use, unless it can be proved that, at the time of the filing of the
application for registration, the applicant could not have been unaware of the existence of the
trade name of the initial user.
Article 4
Specific Effects of Registration
of a Trade Name
Only trade names registered in accordance with the provisions of this Annex may be the
subject of the penal sanctions specified in Article 16(3) and (4), hereafter.
Article 5
Conditions for Using Trade Names
(1) It shall be illegal to use on the national territory of one of the member States a trade
name registered for the same trade, industrial, craft or agricultural activity as that of the owner
of the registered trade name if such utilization is liable to create confusion between the
enterprises in question.
(2) Nevertheless, the registered owner of a trade name may not preclude third parties
from the use in good faith of their names, their addresses, a pseudonym, a geographical name,
or exact indications concerning the kind, quality, quantity, destination, value, place of origin
or time of production of their goods or of the supply of their services, in so far as such use is