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- it is likely to mislead the public or business circles, especially as to the
geographical origin, nature or characteristics of the goods or services
considered; the provisions of Articles 330 and 331 shall apply;
- it reproduces, imitates or contains among its elements coats of arms, flags or
other emblems, the name, abbreviation, acronym, an official sign or seal of
control and guarantee of a State or intergovernmental organization established
by an international convention, except by authorization of the competent
authority of this State or this organization;
- it is identical or similar to such an extent that it leads to confusion with a
trademark or name that is widely known in Burundi for identical or similar
goods of another firm; or if it constitutes a translation of this trademark or
name, or it is widely known and registered in Burundi for goods or services
which are not identical or similar to those for which the registration of the
mark is sought, provided that the use of this mark for these goods or services
indicates a link between said goods or services and the holder of the
registered mark and that this use is likely to harm the interests of the holder of
the registered mark;
- it is identical or similar to a mark belonging to another holder and which is
already registered, or where the date of filing or priority is earlier, for
identical or similar goods or services or for goods or services which are very
close, or it so closely resembles such a mark that there is a risk of deception
or confusion;
- the application for registration was filed in bad faith; or the sign, if registered,
would be used for purposes which constitute unfair competition.
Article 289: Notwithstanding the provisions of Article 288, the Industrial Property Director
or the court may decide that a mark has acquired a secondary or distinctive
character owing to continuous use. Should this be the case, it may be registered.
Article 290: In case of use by a fair competitor or in any other specific circumstance which,
in the opinion of the court or that of the Industrial Property Director, justifies
such a solution, the court or Industrial Property Director may authorize the
registration of marks which are identical or which closely resemble each other
for the same goods or services or for the description of goods or services by
several owners, subject to any conditions or limitations which the court or the
Industrial Property Director, as the case may be, may impose if it/he deems it
appropriate.
Article 291: In the event that several applicants request registration as owners of marks
which are identical or which closely resemble each other for goods or services
which are identical, similar or related or for the description of goods or services,
the Director may reject the registration until their rights have been determined
by the court.