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Part 4 · Collective marks › Section 100

Restrictions of protection, use

(1) In addition to the restrictions of protection emerging from section 23, the registration of an indication of geographical origin as a collective mark shall not provide for the proprietor the right to prohibit a third party from using such indications in trade in so far as the use corresponds to the accepted principles of morality and is not contrary to section 127. In particular, such a mark shall not be invoked against a third party who is entitled to use a geographical name.

(2) The genuine use of a collective mark by at least one person authorised to do so, or by the proprietor of the collective mark, shall be deemed to constitute use within the meaning of section 26.

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