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regimes or put into circulation unless the authorization given by the competent authorities can be produced. 137. It shall be unlawful to adopt signs infringing prior marks, in particular: (a) an earlier mark registered or well known as defined by Article 6(a) of the Paris Convention for the Protection of Industrial Property; (b) a name or company name, if this could create confusion in the mind of the public; (c) a trade name or brand name known throughout the national territory, if this could create confusion in the mind of the public; (d) a protected appellation of origin; (e) the rights protected by the Law concerning the Protection of Literary and Artistic Works; (f) the rights deriving from a protected industrial design; (g) the rights relating to the personality of a third party, in particular his patronymic name, pseudonym or image; (h) the name, image or repute of a local administrative unit. 138. The nature of the goods or services for which the mark is intended may in no case be an obstacle to the filing and validity of this mark. 139. The mark may be collective or individual. The factory mark, trademark or service mark shall be optional, unless provided otherwise by legislation. Chapter II Right to the mark and procedure for filing and registering the mark SECTION I RIGHT TO THE MARK 140. Ownership of the mark shall be acquired through registration. The mark may be acquired in joint ownership. 141. The provisions of Articles 77 to 80 above shall apply to factory marks, trademarks and service marks. 142. Where a registration has been requested either fraudulently in respect of the rights of a third party or in violation of a statutory or treaty obligation, any person who claims to assert a right in the mark may bring legal proceedings for ownership. Unless the applicant has acted in bad faith, the proceedings for ownership shall be statute-barred three years after the date of registration of the mark in the National Register of Marks referred to in the first paragraph of Article 157 below. 143. Only marks which have been duly filed and registered by the entity responsible for industrial property shall qualify for the protection granted by this Law, starting from their date of filing. Registration of a mark shall give rise to the establishment of an industrial property title known as “certificate of registration of a factory mark, trademark or service mark”, filed and registered in the conditions and forms prescribed in Section II of this Chapter.

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