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1. by a written, express and authenticated
before expiration of a period of three years,
waiver, duly notified to the Ministry
by a new filing or be used for any purpose.
responsible for industrial property;
2. by the expiration of the period of
registration;
3. by lapse for either nonpayment of fees
Art.152. The provisions of Articles 125
and 126 shall apply, mutatis mutandis, to
marks.
due or nonuse subject to the conditions
provided for in Article 138.
Title 2 – Trade names and
Nevertheless, subject to what is stipulated
geographical names
in Article 151, paragraphs 1 and 2, the
holder of a lapsed mark may, in the five
years following the extinction of said
mark, have his rights restored, provided
that the mark in question is still available.
Should this be the case, the holder must
make a new filing subject to the conditions
provided for in Articles 112 to 116. In
addition, he must pay the fee, the amount
of which shall be more than that of the
renewal fee.
Art.151. Without prejudice to the
provisions of Article 150, paragraphs 2 and
3, already extinguished marks may be the
subject of a new appropriation by third
parties.
In any event, collective marks rendered
invalid or lapsed may not be appropriated
for the same products, objects or services
Chapter 1 – Commercial denominations
Art.153. Subject to the provisions relating
to marks, especially those of Articles 130
to 133, as well as those of specific
legislations, a person engaged in industry
or trade may choose a commercial
denomination with a view to identifying
his firm subject to the conditions of
Articles 154 to 158.
Art.154. Anyone seeking to claim an
industrial property title to a commercial
denomination must be the first to have
made the filing with the competent
Ministry,
while
complying,
mutatis
mutandis, with the conditions and
procedures provided for marks.
The title so delivered shall confer a right of
exclusive use on its holder.
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