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Art.155. Within the meaning of this Law,
Art.157. Trade names, company names
a commercial denomination may designate
and corporate names shall be assignable
a trade name, company name or corporate
and transferable, inter vivos or upon death.
name.
Nevertheless, a trade name may only be
The trade name shall be a designation
assigned or transferred with the goodwill
under which an economic operator, a
to which it is connected.
natural person, engages in business or
industry.
Art.158. The unlawful use, directly or
indirectly, of a trade name, company name
The company name shall be a name under
or corporate name belonging to a third
which a legal entity engages in business or
party shall constitute an act of unfair
industry.
competition punishable by the penalties
provided for in Article 165, without
The corporate name shall be a corporate
prejudice to the penalties contained in
denomination including the surnames of
other specific legislations.
one or more partners.
Art.156. Any person who uses his own
Chapter 2 – Geographical indications
name to engage in business or industry
shall use it as a trade name.
Art.159. Within the meaning of this Law,
The use of one’s own name as a trade
a geographical indication shall refer to
name or corporate name may not infringe
either an appellation of origin or an
the rights of third parties.
indication of source.
In the event of homonyms, the person who
An appellation of origin shall refer to a
is the last to use his name as a trade name
specific place – a locality, region or
or corporate name shall be bound to make
country – used to distinguish one or more
the necessary adjustments to avoid any
products which come from that place and
confusion, by adding other distinctive
whose characteristics are essentially due to
elements.
the geographical environment.