Article 110

Any interested party may, within at most five years from the date of registration of the mark, request the competent judicial authority to invalidate the mark's certificate by proving non-compliance with the provisions of Articles (95) and (96) of this Act. The same rule applies where an interested party proves that the owner of the registered mark, personally or through a person authorized by him, has not used that mark, in whole or in part, for at least three full years from the date of registration up to one month before the date of the interested party's request, unless it is proven that force majeure prevented its use. The effect of invalidation, in the case of non-compliance with Articles (95) and (96) of this Act, runs from the date of filing of the application; and in the case of non-use, from the date of the final judgment. The notice of invalidation shall be published at the earliest possible opportunity.

Note 1 — The five-year period does not apply to requests for invalidation of marks registered with knowledge that the owner had been using the said mark, and a request for invalidation of such marks may be filed at any time. The said period is likewise not applicable in respect of Clauses 2, 3, 8, 9, and 10 of Article (96) of this Act.

Note 2 — Where it is proven that the owner of a collective mark has used it alone, or contrary to the rules and conditions of its use (referred to in Note 1 of Article (97) of this Act), or has used it or authorized its use in a manner that deceives the public as to the origin or any other common characteristic of the goods and services concerned, the collective mark shall be invalidated.

Note 3 — The concept of "interested party" in this Article includes, in addition to persons deemed interested parties under the rules of civil procedure, governmental quality-supervision (quality-control) institutions for goods and services, and trade unions active in the field of the trademark's subject matter.