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Priya Organics' mark "BEST QUALITY" is duly registered in its country of origin. It applies, relying on…

The rule in Article 6quinquies A of the Paris Convention, that a mark duly registered in its country of origin must be accepted and protected "as is" in other Union…

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Priya Organics' mark "BEST QUALITY" is duly registered in its country of origin. It applies, relying on Article 6quinquies of the Paris Convention, to register the mark as is in another Union country, where the words merely describe the quality of the goods. May that country refuse registration?

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Correct answer B

The rule in Article 6quinquies A of the Paris Convention, that a mark duly registered in its country of origin must be accepted and protected "as is" in other Union countries, is subject to the grounds of refusal in Article 6quinquies B. Clause B(2) allows refusal of marks "devoid of any distinctive character" or consisting only of signs that designate the kind, quality, quantity or other characteristics of the goods. "BEST QUALITY" merely describes the quality of the goods, so registration may be refused; infringement of third-party rights is a separate ground under B(1), and the Convention sets no five-year condition.

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