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shall be subjected, the monitoring of the
goods’ compliance with existing national
Art.133. The following may not be
standards and the related penalties.
considered marks within the meaning of
Article 128:
In any event, the placing of certain tradable
1. signs whose use appears to be contrary
goods on the national market shall require
to public order or morality as well as the
the prior affixing of the national guarantee
signs listed below: coats of arms, flags
mark.
and other emblems of the State, crosses,
signs and official hallmarks of control
Art.130. The Minister responsible for
and guarantee as well as any imitation
industrial property or his delegate shall be
of heraldic devices;
authorized to file free of charge, on behalf
2. marks which contain indications likely
of the State, subject to the conditions
to mislead the public; those which
provided for in Articles 128, 131 to 133,
consist exclusively of terms indicating
the mark referred to in Article 129.
the essential quality of the product or its
composition;
Art.131. The provisions of Article 110
3. the ordinary, common descriptions in
shall also apply, mutatis mutandis, to
everyday use for the products, objects
marks.
or services;
4. certain expressions which, without
Art.132. Any material sign which meets
commonly and ordinarily describing the
the criteria set out in Article 128, inter alia
product itself, faithfully mirror the
a name, denomination, letters, figures or a
qualities or purpose; the same shall hold
combination of figures and letters,
true, on the one hand, for banal
abbreviations, slogans, emblems, borders,
laudatory expressions such as Extra
combinations or arrangements of colors,
Royal and Super; and on the other hand,
drawings, reliefs and mottos may be used
for certain traditional emblems and
as a mark.
packaging.
A mark must not resemble too closely the
common name of the product, object or
Chapter 2 – Filing, registration and
service or its essential qualities, or suggest
publication of marks
qualities which the product does not have.