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(2) The special register of marks may be consulted by the public. Copies of all
information contained in the register may be obtained. The conditions for consultation or for
obtaining information shall be laid down in the implementing decree.
Section 6
Collective Marks
78. Subject to the provisions of this Article, the provisions of this chapter that are
common to all marks shall remain of application to collective marks.
79.—(1) The filing of a collective mark shall be valid only if:
(a) it is accompanied by the regulations that govern the use of the mark, duly certified
by the applicant or applicants;
(b) those regulations lay down:
(i) the common characteristics or qualities of the goods or services to be designated by
the mark;
(ii) the conditions under which the mark may be used;
(iii) the conditions under which persons are authorized to use the mark;
(iv) the conditions for verifying the use of the mark;
(v) the sanctions foreseen for incorrect use of the mark in accordance with the
regulations as filed.
(2) The filing of a collective mark shall identify:
(a) either a member chosen by the totality of applicants to represent them and to
assume all relations with the Agency;
(b) or a representative designated in compliance with the requirements of Article 132.
80. The examination, registration and publication of a collective mark shall take into
consideration the regulations as defined in Article 79.
81.—(1) Any change affecting the use of a collective mark shall have effect only after
recording with the Agency, on payment of a fee laid down in the implementing decree.
(2) Such change shall be published in accordance with Article 80.
82.—(1) The competent court may, at the request of any competent authority or of any
person proving a legitimate interest, and after having given the owner the opportunity to be
heard, declare null and void the registration of a collective mark:
(i) if the mark does not meet the requirements of Articles 55, 57 and 59;
(ii) if the owner permits, tolerates or is unaware of, for lack of adequate verification, the
use of the mark in a way that is contrary to the regulations or is likely to mislead the public or
trade circles.
(2) Where the grounds for nullity are given only for one class of goods or services or
for certain goods or services within a certain class, the registration shall be null and void only
for that part of the goods or services.
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