27
(7) Within a period of one month as from the date of notification of rejection, the
applicant may enter an appeal before the competent court.
124. The registered trade name shall be published in the Official Gazette of Industrial
Property.
125.—(1) Registration of a trade name shall have effect for 10 years only as from the
date of filing; however, protection of a trade name may be extended without limitation as to
term by successive renewals of the registration.
(2) Renewal of a registration may be obtained on simple payment of the prescribed fee,
made three months after expiry of the preceding term of validity of the registration, at the
latest.
126. The owner of a registered trade name may, at any time, renounce such trade name
by means of a written declaration addressed to the Agency. Renunciation shall take effect on
the date of its entry in the special register of trade names.
127.—(1) The cancellation of the effects on the national territory of the registration of a
trade name shall be decided by the competent court at the request of either the public
prosecutor or any natural or legal person concerned.
(2) At the request of the petitioners referred to in paragraph (1) or of the Agency, the
court may declare the registration of a trade name to be null and void should it not comply
with the provisions of Articles 118, 121 and 123 or conflict with a prior right; in the latter
event, cancellation may be ordered only at the request of the owner of the prior right.
(3) Once the decision declaring the registration to be null and void has become final, it
shall be communicated to the Agency which shall enter a notice in the special register of trade
names.
(4) Nullity shall be published in the form laid down by the implementing decree.
128.—(1) A trade name may be assigned or transferred only with the enterprise or
commercial, industrial, handicraft or agricultural establishment or that part of the enterprise or
establishment identified by such name.
(2) The assignment of a trade name shall be recorded in writing. Transfer as the result
of a merger or the acquisition of commercial or industrial establishments or any other form of
succession may be effected by any other instrument capable of unequivocally proving the
transfer.
(3) The acts referred to in paragraph (1) may only be invoked against others if, within a
period of six months as from the date on which they were performed, they have been entered
in the special register of trade names kept by the Agency. A copy of such acts shall be
maintained by the Agency, at which any person concerned may consult or obtain a copy at his
own cost.
129.—(1) Where the rights deriving from a trade name are under threat of
infringement, the owner of such rights may prohibit continuation and apply for payment of
damages or the application of any other sanction laid down by the legislation in force.
(2) Without prejudice to damages, where appropriate, anyone who affixes or causes to
appear by removal or any other alteration whatsoever, on manufactured articles, the name of a
manufacturer or craftsman other than that of the maker, or the registered name of a
commercial establishment or enterprise other than that in which the articles have been
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents