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Article 78
The applicant may appeal the decision of the Department mentioned in Article 77, within 30
days from the communication of such a decision. Appeals are considered by a committee, or
committees, which shall be appointed by the competent minister and be composed of three
members, one of whom shall be a member of the Council of State.
The Regulations of this Law shall prescribe the rules of establishing such a committee, as well
as the procedures for the submission and consideration of such appeals and the decision thereon.
Article 79
Without prejudice to the right of the applicant to appeal in conformity with the law, in case the
committee referred to in the preceding article endorsed the decision to refuse the registration of the
mark on the grounds that it is similar to a mark already registered for the same goods, or for one
category thereof, the registration of such a mark may not be made in favour of the applicant except
on the basis of an enforceable court decision.
Article 80
The Department shall have the decision of accepting the application for registration of the
mark published in the Gazette of Trademarks and Industrial Designs, in the manner prescribed by
the Regulations.
Any interested party may submit, in writing to the Department, within 60 days from the date
of publication, and according to the conditions prescribed by the Regulations, a motivated
opposition to the registration of the mark.
The Department shall then send a copy of the opposition to the applicant, within 30 days from
the receipt of such a notification.
The applicant shall, within 30 days from the receipt of notification, provide the Department
with his motivated written reply to the opposition, failing which he would be considered to have
withdrawn his application.
The Regulations shall prescribe the rules and procedures in this regard.
Article 81
The Department shall, after hearing both parties, motivate its decision on the opposition, to
accept or reject the registration. In its decision of acceptance, it may require the applicant to fulfill
any requirements it may deem necessary to register the mark.
Article 82
The decision of the Department referred to in Article 81 may be appealed before the
competent Administrative Court, in accordance with the procedures and time limits provided for in
the law governing the Council of State.