169. The mark must be designated in the request for registration referred to in (a) of the
second paragraph of Article 144 above as a collective mark or a collective certification mark.
An application file for a collective mark or a collective certification mark must also
contain a copy of the regulations governing the use of the collective mark or collective
certification mark, duly certified by the applicant.
This copy must be produced either on the actual day of the filing or, where applicable,
on the conditions and within the time period provided for in Article 144 above.
The owner of the collective mark or collective certification mark may, at any time,
communicate in writing to the entity responsible for industrial property any change made to
the regulations governing the mark. A reference to such changes shall be entered in the
National Register of Marks.
170. The regulations referred to in the first paragraph of Article 166 above shall define
the common characteristics or qualities of the goods or services which the collective mark
shall designate and the conditions in which and the persons by which it may be used.
171. A collective certification mark may only be filed by a legal entity which does not
manufacture, import or sell goods or services.
172. Use of a collective certification mark shall be open to all persons, separate from
the owner, who supply goods or services which meet the conditions set by the regulations.
173. A collective certification mark may not be the subject of assignment, encumbrance
or any enforcement measure. However, the competent authority may authorize the transfer of
the registration of a collective certification mark, if the transferee undertakes to exert effective
control over the use of the mark. Transfer shall be recorded in the National Register of
Marks.
174. Where a collective certification mark has been used and has ceased to be protected
by law, it may neither be filed nor used in any way whatsoever before a period of ten years
has elapsed.
175. The invalidation of the registration of a collective certification mark may be
pronounced following a request from the Public Prosecutor’s Office or at the request of any
interested party, where the mark fails to meet one of the requirements stipulated in this
Chapter.
The decision to cancel shall have absolute effect.
Chapter VI
Publication of marks
176. The entity responsible for industrial property shall publish an official catalog of all
factory marks, trademarks or service marks, collective marks and collective certification
marks registered. It shall contain a reference to the acts provided for under the first paragraph
of Article 157 above.