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Section 2: Revocation or rectification of misleading marks and marks which clash with
geographical indications for wines and spirits
Article 354: The court, at the request of an interested party or the Public Prosecutor’s Office,
shall refuse or revoke the registration of a mark which contains a geographical
indication or is composed of such an indication, for goods that do not come from
the territory indicated, if the use of this indication in the mark for such goods in
Burundi is of such a nature as to mislead the public as to the true place of origin.
Article 355: Registration for wines of a mark which contains a geographical indication
identifying wines or which is composed of such an indication, or registration for
spirits of a mark which contains a geographical indication identifying the spirits
or is composed of such an indication, shall be refused or invalidated by the
Industrial Property Director or the court, on their own initiative or at the request
of an interested party, with regard to wines or spirits which do not share this
origin.
Article 356: No provision of this Law shall prevent the continuous and similar use in Burundi
of a specific geographical indication from another country identifying wines or
spirits, in relation to goods or services, by a national or a person domiciled in the
territory of Burundi, who has used said geographical indication continuously for
identical or related goods or services in the territory of Burundi, either for at
least 10 years prior to April 15, 1994, or in good faith prior to this date.
Article 357: If a mark has been filed or registered in good faith, or in cases where the rights
in a mark have been acquired by use in good faith prior to January 1, 2006; or
before the geographical indication is protected in its country of origin, this Law
shall not prejudge the admissibility or validity of the registration of this mark, or
the right to make use thereof, on the grounds that this mark is identical or similar
to a geographical indication.
Article 358: This Law shall not apply either to a geographical indication from any country
whatsoever for goods or services whose indication is identical to the usual term
used in current language as a common name for these goods or services in
Burundi, or to a geographical indication from any other country for grapevine
products whose relevant indication is identical to the usual name for a variety of
grape existing in Burundi as of January 1, 1995.
This Law shall not prejudge in any way the right of any person to use, in the
course of commercial operations, his name or that of his predecessor in trade,
except if this name is used in such a way as to mislead the public.
Article 359: Any request for compensation made under this Law in relation to the use or
registration of a mark must be submitted within five years after the prejudicial
use of the protected indication is known in Burundi or after the date of
registration of the mark in Burundi, provided that the mark was published on this
date, if it is prior to the date on which the prejudicial use was known in Burundi,
and provided that the geographical indication has not been used or registered in
bad faith.