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Section 7
Cancellation and Lapse of Registrations
83.—(1) The competent court may, at the request of a competent authority or of any
person proving a legitimate interest, and after having given the owner an opportunity to be
heard, declare null and void the registration of a mark with effect from the date of registration
if:
(a) the mark does not meet the requirements of Articles 55 and 57;
(b) the mark conflicts with a prior right in respect of the same goods or the same
services.
(2) Where the grounds of nullity are given for only one class of goods or services or
certain goods within a certain class, nullity of the registration shall be declared for that part of
the goods or services only.
(3) The property right in a mark shall lapse:
(a) on renunciation by a written declaration from the owner;
(b) on expiry of the period referred to in Article 69(1) if renewal of the registration has
not been requested within the time limits set out in paragraph (2) of that Article;
(c) as the result of a final decision by the competent court declaring the registration to
be null and void or ordering its removal.
(4) The property right in a mark shall also lapse for failure to use the mark within a
period of three years as from the date of registration unless the owner of the mark is able to
produce legitimate reasons for his failure to act.
Section 8
Infringement of Rights and Legal Proceedings
84.—(1) Any infringement of the rights under a mark shall constitute an offense
punishable by imprisonment of between six months and three years and a fine of between
MGF 500,000 and 10,000,000 or one of those two penalties only.
(2) In the event of a repeated offense, the penalty shall be doubled.
85.—(1) On a simple request supported by presentation of his registration certificate,
the owner of a registered mark may, by virtue of an order issued by the presiding judge of the
civil court of the place of infringement, direct any bailiffs or any law officers, assisted where
necessary by an expert, to proceed with the identification and detailed description, with or
without seizure, of the articles bearing the allegedly infringing mark.
(2) In the event of seizure, the petitioner shall be required to provide a guarantee
beforehand.
(3) Copies of the record of the articles described or seized by virtue of an order and the
instrument recording deposit of the guarantee shall be handed to the author of the alleged
infringement, on pain of nullity and of damages against the bailiff or law officer.
(4) Without prejudice to the damages that may be claimed and on pain of nullity, the
petitioner shall institute proceedings before the court within one month of the seizure or of the
record of description.
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