The cancellation of a mark is shall be based on a judicial judgment if the registration does not conform to the provisions of articles 2, 3, 4 and 5 of this law. The judgment for cancellation shall have absolute effect. Article 33: The representative of the public prosecution may directly request the cancellation of a mark in the cases stipulated in articles 2, 3 and 4 of this law. The owner of a prior right may, excluding others, file a cancellation action according to article 5 of this law. However his action shall be rejected if the mark has been filed in good faith and has been allowed to be used for five years. The cancellation action which is allowed to filed by the owner of a well-known mark shall prescribe after a period of five years starting from the registration date unless the application for registration was carried out in bad faith. Article 34 The rights of the owner of the mark may lapse if he, without an excuse, did not seriously use the mark for at least five consecutive years on one of the goods or service listed in the registration. The following shall specially be considered as serious use of the mark: Placing the mark on the goods or their packaging for the purpose of marketing. Using the mark in an differing form which does not make it loose its distinctive nature. Using the mark with the consent of its owner or by a person qualified to use a collective mark. The cancellation of the right may be not claimed if the serious use of the mark or the resumption of this use took in the period between the end of the five years period referred to in the first paragraph of the article and the time of the submission of the request for the cancellation of the right. However, this serious use shall not prevent the lapse of the right if it is carried out during the three months preceding the filing of the cancellation request and after the mark owner has known of the possibility of filing the cancellation request. The burden of the proof of exploitation rests with the owner of the mark subject to the lapse of the right. Exploitation may be proven by all means. Article 35 Any interested party may file a cancellation case before the courts. If the claim for cancellation covers only a part of the goods or services listed in the registration, then the lapse of the right shall cover only the said goods or services.