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Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence  ›  Chapter 1 · Trade marks and commercial designations, precedence and seniority › Section 3

Signs eligible for protection as trade marks

(1) All signs, particularly words including personal names, designs, letters, numerals, sounds, three-dimensional designs, the shape of goods or of their packaging as well as other wrapping, including colours and colour combinations, may be protected as trade marks if they are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

(2) Signs consisting exclusively of shapes or other characteristics

1.  which result from the nature of the goods themselves;

2.  which are necessary to obtain a technical result; or

3.  which give substantial value to the goods

shall not be capable of being protected as trade marks.

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