§10.8. Rights Conferred by Registration
a) Registration of a mark shall confer on its registered holder the right to prevent any unauthorized
third party from carrying out the following acts:
i.
affixing a sign identical to the mark on goods for which the mark has been registered, on
goods associated to the services for which the mark has been registered, or on the
containers, wrapping or packaging of such goods;
ii.
suppressing or distorting the mark for commercial purposes after it has been affixed as
specified in subsection (a);
iii.
manufacturing, selling, offering for sale, distributing or stocking material that bears the
mark or may be used as labels, containers, wrappings, packaging, business paper or
advertising;
iv.
refilling or re-utilizing for commercial purposes containers or packaging bearing the mark;
v.
using in the course of trade a sign that is identical or similar to the mark in respect of any
goods or services, where such use may cause a risk of confusion or association with the
holder of the registration, provided that where an identical sign is used for identical goods
or services, a likelihood of confusion shall be presumed;
vi.
using in the course of trade a sign that is identical or similar to the mark in respect of any
goods or services where such use may cause unfair economic prejudice to the holder of the
registration, or would take unfair advantage of, dilute or otherwise be detrimental to the
distinctive character or advertising value of the mark, or would take unfair advantage of the
reputation of the mark or its holder;
vii.
using publicly a sign that is identical or similar to the mark, even for non-commercial
purposes, where this may cause a dilution of the distinctive character or advertising value
of the mark, or would take unfair advantage of the reputation of the registered mark or its
holder.
b) For the purposes of this Section, the following acts, in particular, shall be regarded as use of a sign
in the course of trade:
i.
introducing on the market, selling, offering for sale or distributing goods or services with
the sign or with reference to the sign;
ii.
importing, exporting, storing or transporting goods that bear the sign or that refer to the
sign;
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