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is likely to deceive business circles or the public as to the source or any other
common characteristic of the goods or services in question.
Any interested person may file a request for revocation of a certification sign, in
particular the Industrial Property Director, the holder’s competitors, the
producers of the certified goods or services, associations and organizations
which legitimately represent consumers as well as the Public Prosecutor’s
Office.
Article 331: Anyone who has proved that he satisfies the technical standards and other
conditions of the regulations referred to in Article 328 may not be refused the
right to use the certification sign in the conditions fixed by these regulations.
Section 3: Trade names
Article 332: A name or designation which, by its nature or the use that can be made of it, is
contrary to public order or morality and which, in particular, is likely to deceive
business circles or the public as to the nature of the firm designated by this
name, may not be used as a trade name.
Article 333: Notwithstanding any legislative or regulatory provisions specifying the
obligation to register trade names, these names shall be protected, even prior to
or without registration, against any unlawful act committed by third parties.
Any subsequent use of the trade name by a third party, be it in the form of a
trade name for a mark or collective mark, as well as any use of a similar trade
name or a similar mark likely to mislead the public, shall be considered
unlawful.
Section 4: Special provisions relating to licenses and assignments of marks
Article 334: Any licensing contract relating to a mark which has been registered or for which
registration is sought must provide that the licensor shall exercise effective
control over the quality of the licensee’s goods or services for which the mark is
used, if such control is appropriate or necessary.
If the licensing contract does not provide for such quality control or if such
quality control is not effectively exercised, said contract shall not be valid and
the court may declare the mark to be abandoned by its holder.
Abandonment may be invoked as a means of defense in proceedings for
infringement of a mark.
Article 335: Abandonment of a mark shall be deemed to become effective starting from the
date on which the licensing contract took effect. It must be entered and give rise
to a notice published in the Official Journal of Burundi in accordance with the
regulations.
Article 336: Registrations of a collective mark or applications for registration of such a mark
may not be the subject of a licensing contract.