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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