(1) The proprietor of a trade mark or of a commercial designation may not prohibit a third party in trade to use the following:
1. the third party’s name or address if the third party is a natural person,
2. a sign identical or similar to the trade mark or commercial designation which is not distinctive or an identical or a similar sign as an indication of characteristics or properties of goods or services, in particular their nature, quality, intended purpose, value, geographical origin or time of production or of rendering, or
3. the trade mark or the commercial designation for the purposes of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as an accessory or spare part.
(2) Subsection 1 shall only apply if the use made by the third party is in accordance with honest practices in industrial or commercial matters.