f) For the purpose of subsection10.10 (b) use of a mark includes use in a form differing in elements
that do not alter the distinctive character of the mark in the form in which it was registered, and use
in Liberia includes affixing the mark to goods or to the packaging of goods in Liberia solely for
export purposes.
g) Where in any proceedings under this Act it is required to prove the use to which a mark has been
put, including the duration, nature or scope of the use, the burden of such proof shall lie with the
registered holder.
h) The registration of a mark shall not be revoked on the grounds mentioned in subsection 10.10 (a)
or (b) if use of the mark is commenced or resumed after the expiry of the three-year period and not
less than one month before the request for revocation is made.
i) Where grounds for invalidation or revocation exist in respect of only some of the goods or services
for which the mark is registered, invalidation or revocation shall relate to those goods or services
only.
j) Where the registration of a mark is revoked to any extent, the effects of revocation shall be deemed
to have taken place to that extent as from the date of the request for revocation, and it shall be
recorded and a reference thereto shall be published as prescribed, as soon as possible.
k) A request for invalidation or revocation may be made by any person, and may be made either to
the Director General or to the court.
l) For the purposes of proceedings under this section, the provisions of Section 10.6 (c) and (d) shall
apply
§10.11. Collective Marks
a) Section 10.1 (b) to Section 10.6 of this Part shall apply to collective marks. However, where a
collective mark consist of, or contains, a geographical name that corresponds to the place of origin
of the goods in respect of which the mark is to be registered, the Director General may decide not
to apply Section 10.1 (c) as required.
b) A mark capable of distinguishing, in the course of trade, the goods or services of persons who are
members of an association, from goods or services of persons who are not members of such
association, shall on application in the prescribed manner, be registrable as a collective trade mark
or service mark in respect of the goods or services in the name of such an association.
c) Where an international registration designating Liberia is a collective mark or a certification mark,
the regulations governing the use of such collective mark or certification mark shall be submitted
directly, by the holder of that international registration, to the Director General.
d) Any changes made in respect of the rules referred to in subsection (c) shall be communicated to the
Director General, who shall record the changes.
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