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Chapter Summary

Art. 20 provides that other requirements laid down for the grant of trademark protection by the Members must not unjustifiably restrict "the use of a trademark in the course of trade". It lists three examples of requirements that are regarded as encumbrances on the trademark's use. The first situation in Art. 20 refers to provisions requiring the trademark to be used with another one, so-called linking procedure. According to the second situation mentioned in Art. 20, a requirement that the trademark be used in a special form shall be prohibited, provide it establishes an unjustifiable encumbrance in the course of trade. The third situation concerns measures that might be detrimental to the general distinctiveness of the trademark.

Keywords: requirements; trademark



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