LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
trade mark in another country) provided for by the Paris Convention.
pic motto “citius, altius, fortius” are protected by grand ducal regulation in Luxembourg, as are the emblems of the Luxembourg Olympic and Sports Committee approved by the International Olympic Committee. The unauthorised use of the coat of arms of the Grand Ducal House, those of the State and of the communes, the national flag, the waterway and aviation pavilion and the national anthem, as well as all badges, emblems and symbols used by the authorities and by pub - lic entities, is also criminally sanctioned. Luxembourg protects famous trade marks (ie, trade marks that are registered but not for the goods and services for which protection is sought) or well-known trade marks to the extent they have a reputation in Luxembourg. 2.2 Essential Elements of Trade Mark Protection Any sign can qualify for trade mark protection if it is capable of: • distinguishing the goods or services of one undertaking from those of other undertakings (distinctiveness); and • being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the owner. Grounds for the refusal of an application or the invalidity of a registration may include: • signs that cannot constitute a trade mark; • trade marks that are devoid of distinctive character; • trade marks that are contrary to public policy or morality; • trade marks that are liable to mislead the public (eg, as to the nature, quality or geo -
2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks Benelux trade marks can be: • trade marks designating goods or services, filed by natural or legal persons; • collective trade marks – ie, trade marks filed by public entities or by associations that have the capacity in their own name to have rights and obligations, to make contracts or accomplish other legal acts, and to sue and be sued; or • certification trade marks – ie, trade marks capable of distinguishing goods or services that are certified by the owner in respect of material, the mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin, from goods and services that are not so certified. A trade mark may consist of any signs, in par - ticular words (including personal names) or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of being represented on the register in a manner that ena - bles the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its owner. It is not currently possible to apply for an olfac - tory or taste trade mark. The distinctive symbols or insignia consisting of the five interlaced Olympic rings and the Olym -
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