iv.
it consists of the shape of a product or of its container or packaging where the shape results
from the nature of the product, container or packaging, or it is a shape that provides a
technical effect, functional advantage or substantial value to the goods;
v.
it is not distinct or separable from the goods or services to which it applies, or it consists of
a feature or characteristic that results from the nature of the goods or services themselves;
vi.
it is contrary to public order or morality; however, the nature of the goods or services to
which a mark is to be applied shall not be an obstacle to registration of the mark;
vii.
it is likely to deceive or mislead the public or trade circles, in particular as regards the
geographical origin or provenance of the goods or services concerned or their nature,
quality or other characteristics;
viii.
it is identical with, or is an imitation of or contains as an element, any sign covered under
article 6ter of the Paris Convention, unless authorized by the competent authority of the
State or organization concerned.
b) A sign cannot be validly registered as a mark if the use of such mark would conflict with prior
third-party rights in force in Liberia, in particular where:
i.
the sign is identical with or similar to an earlier registered mark or geographical indication
belonging to a different person, or to a mark having an earlier filing or priority date, in
respect of identical, similar or related goods or services, and this would be likely to cause
confusion or a likelihood of association with the earlier mark or geographical indication;
ii.
the sign is a reproduction, imitation or translation of a distinctive sign that is well known in
Liberia in respect of identical or similar goods or services of another person, or is wellknown in Liberia for goods or services which are not identical or similar to those in respect
of which registration is applied for, provided, in the latter case, that use of the sign in
relation to those goods or services would be likely to cause confusion or a likelihood of
association with the well-known distinctive sign, or would indicate a connection between
those goods or services and the owner of the well-known distinctive sign, or that the
reputation of the sign or of the owner thereof would be damaged by such use, or such use
without due cause would take unfair advantage of, dilute or otherwise be detrimental to, the
distinctive character or the repute of the well-known distinctive sign;
iii.
the use of the sign in Liberia is liable to be prevented by virtue of any rule of law, in
particular, protecting an unregistered mark, trade name, geographical indication or other
sign used in the course of trade, or by virtue of an earlier intellectual property right, in
particular the law of copyright or of industrial designs;
iv.
the application for registration has been made in bad faith, or the registration of the sign
would consolidate or facilitate an act of unfair competition.
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