confined to the purposes of mere identification or information and cannot mislead the public
as to the source of the goods or services.
(3) An interested party whose name and first name are similar to those of a registered
trade name, where his rights to the trade name of his establishment are subsequent to those of
the registered trade name, shall take all necessary measures, by an addition to his trade name
or in any other manner, to distinguish his trade name from that of the registered trade name.
(4) The provisions of paragraphs (1) to (3), above, shall be applicable to any trade,
industrial, craft or agricultural activity ensuing from the establishment in question, in so far as
it has been registered.
Article 6
Filing of the Application
The owner of a trade, industrial, craft or agricultural enterprise situated on the national
territory of one of the member States wishing to register the trade name of his establishment
shall file with the Organization, with the clerk of the civil court of his domicile or with the
Ministry responsible for industrial property, or send by registered mail with a request for
acknowledgement of receipt,
(a) an application for registration, in a sufficient number of copies, addressed to the
Director General of the Organization and containing
(i) the surname, forenames, address and nationality of the applicant,
(ii) the trade name for which registration is requested and, where appropriate,
reproductions of the trade name in a sufficient number of copies,
(iii) the location and type of activity of the establishment in question;
(b) a document proving payment to the Organization of the filing and publication fees;
(c) an unstamped private power of attorney if the applicant is represented by an agent.
Article 7
Statement of Filing
(1) A statement drawn up by the Organization or by the clerk of the court or by the
Ministry responsible for industrial property shall note each filing and specify the date and
time of submission of the documents.
(2) A copy of the statement shall be issued to the applicant.
(3) Immediately after recording the application and within five working days of the
date of its filing, the clerk or the Ministry responsible for industrial property shall transmit the
cover referred to in Article 6(a) to the Organization, attaching a copy of the application, a
certified copy of the statement of filing, the proof of payment of the fees and, where
appropriate, the power of attorney mentioned in Article 6.
(4) The Organization shall proceed with the opening and the recording of applications
in the order of their receipt.
Article 8
Registration of the Application
(1) For every application for registration of a trade name, the Organization shall
register and publish the trade name, after having ascertained that it is not contrary to the