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Any interested person may bring legal proceedings for forfeiture. If the petition
concerns only part of the goods or services covered by the registration, forfeiture
shall only cover the goods or services concerned.
Serious use of the mark which began or resumed after the five-year period referred
to in the first paragraph of this Article shall not be an obstacle thereto if it was
undertaken in the three months prior to the request for forfeiture and after the owner
was informed of the possibility of a petition for forfeiture.
Proof of working must be provided by the owner of the mark registration for which
forfeiture has been requested. It may be provided by any means.
Forfeiture shall come into force on the date of expiry of the five-year period referred
to in the first paragraph of this Article. It shall have absolute effect.
Article 163
The owner of a mark registration, which due to his actions has become:
((a) the customary designation in trade for the goods or services;
((b) likely to mislead the public, in particular as to the nature, quality or geographical
origin of the goods or services;
shall also be liable to the forfeiture of his rights.
Article 164
Any final court decision pronouncing the cancellation or forfeiture of a mark must be
entered in the National Register of Marks.
Chapter V
Collective marks and certification marks
Section I Scope
Article 165
A mark shall be known as collective if it may be used by any person who abides by
the regulations for use laid down by the owner of the registration.
The certification mark shall be applied to the good or service which features in
particular, as to its nature, properties or qualities, characteristics stipulated in the
rules therefor.
Section II – Miscellaneous provisions
Article 166
The provisions of Chapters II, III and IV of this Title shall apply to collective marks
and certification marks, subject to the following specific provisions.