registration shall be suspended until such time when one of these
persons shall have produced a renunciation by the other claimants or
until a binding judgment has been issued in his favor.
Article 77
The Trade Registry Department may, in a motivated decision, require
the applicant to undertake the necessary modifications on the subject
mark in order to define and clarify the mark so as to avoid its confusion
with a mark already registered, or a mark for which a registration
application has already been filed.
Such decision shall, within 30 days of its issue, be communicated to
the applicant in writing, by registered mail with acknowledgement of
receipt.
The Department may reject the application should the applicant fail,
within six months of the notification, to introduce the amendments
required.
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 the 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 favor 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.
35