heard, and examining the substantive issues, shall decide whether it is appropriate to register
the mark.
Following publication of the application and until the mark is registered, the applicant shall
enjoy the same privileges and rights as if the mark were registered; however, in a case brought
under this article for an act performed after publication of the application, the fact for the
defendant of establishing that the mark could not be validly registered on the date on which
the act was carried out constitutes an admissible exception.
Article 147: Registration
Where the empowered authority finds that the application of the mark registration has
satisfied the requirements of article 145 of this Law; and that there has been no opposition to
the registration of the mark within the prescribed time limit; or that there has been opposition
to the registration of the mark and the matter has been decided in favour of the applicant, it
shall:
1° register the mark;
2° publish a reference to the registration;
3° issue to the applicant a registration certificate.
In the opposite case, the registration is not accepted.
Article 148: Invalidation of the registration
Any interested person may request the competent tribunal to invalidate the registration of a
mark.
The competent tribunal shall cancel the registration, if the applicant proves that one or more
of the requirements of paragraph 15 of article 5 and articles 133 to 140 of this Law has not
been satisfied.
The invalidation of the registration of a mark shall be considered to take effect on the date of
registration and shall be notified to the empowered authority as quickly as possible for
publication and record in the register of marks.
Article 149: Removal on grounds of non-use
Any interested person may request the empowered authority to remove a mark from the
register, for a good or service for which it is registered, on the grounds that, following its
registration and up to one month prior to submission of the request, the mark has not been
used by the registration owner or by a licensee for an uninterrupted period of three years (3)
or more. The mark shall not, however, be removed if it is proved that particular circumstances
have opposed its use and that there was no intention not to use it or to abandon it for the
goods or services in question.