(5) The Organization shall enter the renewal in the Special Register of Marks and
publish it in the manner specified in this Annex, mentioning, where appropriate, any
limitation of the goods or services.
(6) A mark whose registration has not been renewed may not be registered for the
benefit of a third party in respect of identical or similar goods or services until three years
have elapsed since the term of the registration or renewal expired.
TITLE III
RENUNCIATION,
CANCELLATION AND INVALIDITY
Article 22
Renunciation
(1) The registered owner of a mark may renounce the registration either wholly or in
respect of part of the goods or services for which the mark is registered.
(2) Renunciation shall be notified by registered letter with acknowledgement of receipt
to the Organization, which shall enter it in the Special Register of Marks and shall publish it.
(3) If a license has been recorded in the Special Register of Marks, renunciation shall
be entered only on submission of a declaration by which the licensee consents to the
renunciation, except where the said licensee has expressly waived that right in the license
contract.
Article 23
Cancellation
(1) At the request of any interested party, the court may order the cancellation of any
registered mark which, for an uninterrupted period of five years prior to the request, has not
been used on the national territory of one of the member States, except where the registered
owner has legitimate reasons for having failed to use it; the cancellation may be extended to
all or part of the goods or services for which the said mark was registered.
(2) The burden of proof regarding use of the mark shall rest with the owner. Use of a
mark by another person shall be recognized as use of the mark, subject to endorsement by the
owner.
(3) When the decision ordering cancellation becomes final, it shall be notified to the
Organization, which shall record it in the Special Register of Marks.
(4) Cancellation shall be published in the form laid down in the Implementing
Regulations relating to this Annex. Registration of the mark shall then be deemed never to
have had any effect.
Article 24
Invalidity
(1) The invalidation of the effects on the national territory of the registration of a mark
shall be pronounced by the civil courts, at the request either of the Office of the Public
Prosecutor or of any interested person or professional group.
(2) At the request of the interested parties referred to above or of the Organization, the
court shall declare the registration of a mark invalid if it does not conform to the provisions of
Articles 2 and 3 of this Annex or conflicts with a prior right; in the latter case, invalidation