Challenging a registered mark

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

Note 1 — The five-year period is not observed in respect of a request to invalidate marks registered with knowledge that the owner was using the said mark, and a request to invalidate such marks may be made at any time. The said period likewise need not be observed in respect of paragraphs 2, 3, 8, 9, and 10 of Article 96 of this Act.

Note 2 — Where it is proved that the owner of a collective mark has used it alone, or contrary to the regulations and conditions for its use (referred to in Note 1 of Article 97 of this Act), or has used it or permitted its use in a manner that misleads 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, in addition to persons regarded as interested parties under the rules of civil procedure, includes governmental bodies supervising the quality (quality control) of goods and services, and trade unions active in the field of the subject matter of the trademark.