The following shall be considered such use:
(a) use made with the consent of the owner of the mark or, for collective marks, under
the terms of the rules;
(b) use of the mark in an amended form which does not alter its distinctive nature;
(c) the affixing of the mark to goods or their packaging, solely with a view to export.
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 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.
164. The owner of a mark, 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.
165. 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
collective certification marks
SECTION I
SCOPE
166. 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 collective certification mark shall be applied to the good or service which features
in particular, as to its nature, properties or qualities, characteristics stipulated in its rules.
SECTION II
MISCELLANEOUS PROVISIONS
167. The provisions of Chapters II, III and IV of this Title shall apply to collective
marks and collective certification marks, subject to the following specific provisions.
168. Collective marks and collective certification marks whose regulations for use are
contrary to morality or public order shall not qualify for the protection afforded under this
Chapter.