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Title 1 – Marks
Art.124. An industrial design may be
terminated by means of an express,
Chapter 1 – General provisions
written and authenticated waiver. The
provisions of Article 85, paragraphs 2 and
3 shall also apply, mutatis mutandis, to
Art.127. This Law shall govern all marks,
industrial designs.
known or not known at this date in legal
and regulatory provisions, namely, factory
Art.125. Knowingly violating one of the
marks, service marks, and the national
prohibitions provided for in Article 119,
guarantee mark.
paragraph 2 shall constitute the offense of
counterfeiting.
Factory marks, trademarks and service
marks may be collective or not, as defined
Art.126. Unjustly claiming an application
in Article 140.
for registration of an industrial design or
unjustly claiming to be the holder of an
Art.128. Within the meaning of this Law,
industrial design shall constitute an offense
a mark shall be any distinctive mark which
punishable by one to six months’
makes it possible to recognize or identify
imprisonment and a fine, the amount of
various objects or services of any firm.
which shall be fixed by enabling measures,
or by only one of these penalties.
Such a sign shall be new if it has not yet
been registered as a mark for the same
In the event of a second offense, the
product or service.
maximum penalties provided for in
paragraph 1 of this Article shall be
Art.129. The purpose of the national
doubled.
guarantee mark shall be to certify, on its
own and officially, the quality of
Congolese merchandise.
Part 3 – Distinctive signs and
names
Special legal or regulatory provisions shall
specify, by category of goods, the
conditions to which the use of said mark