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Section 2: Removal owing to failure to use
Article 323: Any interested person may ask the court to order the Industrial Property Director
to remove a mark from the register, for any goods or services for which it has
been registered, on the grounds that the mark, after its registration and up until
one month before the submission of the request, has not been used either by the
holder of the registration or by a licensee for an uninterrupted period of three
years.
Article 324: The mark shall not be removed if it is proved that specific circumstances were
opposed to its use, such as import restrictions or other barriers to
commercialization imposed by the authorities or the market, and that there was
no intention not to use it or to abandon it for the goods or services in question.
Chapter VI: Special provisions
Section 1: Collective marks
Article 325: Subject to the provisions of Articles 326 and 327, Articles 287 to 295 shall apply
to collective marks.
Article 326: Anyone filing an application for registration of a collective mark shall not be
required to own an industrial or commercial establishment on the territory of a
member country of the Paris Union or a Member State of the World Trade
Organization.
Article 327: Applications for registration of a collective mark must indicate that such a mark
is involved and must be accompanied by a copy of the regulations stipulating the
conditions for its use, if such regulations exist.
Any modification to these regulations must be communicated to the Industrial
Property Director.
Section 2: Certification signs
Article 328: Applications for registration of a certification sign must indicate that such a
mark is involved and must be accompanied by a copy of the regulations
stipulating the conditions for use of this sign.
This provision shall apply to all certification signs, including those which belong
to public bodies.
Article 329: Holders of a certification sign may not use this sign to identify or certify goods
which are not concerned.
Article 330: In addition to the cases provided for in Article 320, the court shall revoke the
registration of a certification sign if the person requesting revocation proves that
the holder of the certification sign uses this sign, or allows its use, in violation of
the regulations referred to in Article 328, or allows it to be used in a way which