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The following signs shall not be registered as trademarks: (1)signs which consist exclusively of generic names, designs or models of the goods in respect of which the trademark is used; (2)signs which consist exclusively of direct indications of the quality, primary raw materials, functions, use, weight, quantity or other characteristics of the goods in respect of which the trademark is used; or (3)signs which are devoid of any distinctive character.
Signs mentioned in the preceding paragraphs may be registered as trademarks if they have acquired distinctive character through use and are capable of being readily identified and distinguished.
If a three-dimensional sign consists exclusively of the shape, which results from the nature of the goods themselves, the shape of goods, which is necessary to obtain a technical result, or the shape, which gives substantial value to the goods, it shall not be registered as a trademark. |