responsible for industrial property, a complete set of decisions free of charge relating to the
existence, scope and exercise of the rights deriving from the protection provided for under this
Title.
The formalities to be completed and the documents to be attached to requests for entries
shall be fixed by regulation.
158. Any interested person may obtain an excerpt from the National Register of Marks.
SECTION II
SEIZURE
159. The seizure of a factory mark, trademark or service mark shall be effected by
means of an order of the President of the court ruling in summary proceedings and notified to
the owner of the mark, to the entity responsible for industrial property, and to the persons
holding rights in said mark.
Once notice of seizure has been given, no subsequent amendment of the rights deriving
from the mark shall be binding on the attaching creditors.
On pain of invalidation, the attaching creditor shall have 15 days following the date of
the writ of seizure to bring legal proceedings before the court to confirm the validity of the
seizure and for the purpose of placing the mark on sale.
SECTION III
MISCELLANEOUS PROVISIONS
160. The owner of a registered mark may, at any time, by written declaration, waive the
effects of this registration for all or part of the goods or services covered by the registration.
Where the mark is jointly owned, waiver may only be effected if it is required by all of
the joint owners.
Where the licenses and encumbrances have been entered in the National Register of
Marks, the declaration of waiver shall only be entertained if it is accompanied by the consent
of the holders of the rights entered.
Waiver shall be entered in the National Register of Marks.
161. Any interested party, including the Public Prosecutor’s Office, may bring
proceedings to invalidate the registration of a mark effected in violation of the provisions of
Articles 133 to 135 above.
Only the owner of an earlier right may bring proceedings for invalidation on the basis of
Article 137 above. However, such proceedings shall not be entertained if the mark has been
filed in good faith and if he has tolerated its use for five years.
A decision to cancel shall have absolute effect.
162. The owner of a well known mark for the purposes of Article 6(a) of the Paris
Convention for the Protection of Industrial Property may demand the cancellation of the
registration of a mark that is likely to create confusion with his own. Such action for
invalidation shall be statute-barred five years after the date of registration of the mark, unless
the registration has been requested in bad faith.
163. An owner of a mark who, without proper reasons, has not made serious use of the
goods or services covered by the registration, for an uninterrupted period of five years, shall
be liable to the forfeiture of his rights.