31
139. If the request for renewal of a trade name meets the conditions and time limits laid
down in Article 125 of the Ordinance and Article 138 of this Decree, Article 106 of this
Decree shall apply mutatis mutandis to trade names.
Chapter IV
Assignment and Transfer of Trade Names
140. Subject to the principle laid down in Article 128(1) of the Ordinance, the rules laid
down in Article 59 of this Decree shall apply mutatis mutandis to trade names.
Chapter V
Special Provisions
141. The provisions of this Decree relating to the registration of trade names shall not
replace the commercial law provisions relating, in particular, to the obligation to register any
new firm constituted on the national territory.
TITLE VI
TRANSITIONAL AND FINAL PROVISIONS
Chapter I
Transitional Provisions
142.—(1) Article 133 of the Ordinance shall apply as follows:
(a) the declaration of maintenance in force of patents, trademarks and industrial designs
referred to in Article 133(3)(i) shall be submitted in three copies to the Office using the form
prescribed in Annex II;
(b) the declaration shall be accompanied by the original of the filing report and of the
notification of registration of the industrial property title, together with any relevant
amendments (where appropriate, by special powers signed by the owner) and proof of
payment of the fee prescribed in Annex I.
(2) Article 133 of the Ordinance shall not apply to international applications filed under
the PCT that are governed by the Ordinance and this Decree as of their entry into force
subject to the provisions laid down in Articles 83 and 84 of this Decree.
143. If the declaration meets the conditions laid down in Article 142, above, the Office
shall register the declaration, publish a notice in the Official Gazette of Industrial Property
and return to the requester a copy of the declaration bearing the approval of the maintenance
in force of the industrial property title.
144. In the event of irregularity or defect or insufficient payment of the prescribed fee,
a period of two months shall be given the requester in order to regularize his situation. That
period may be extended on a reasoned request. Failing regularization, the declaration shall be
deemed inadmissible.
145.—(1) Pursuant to Article 133(5) of the Ordinance and subject to the declaration of
maintenance in force having been accepted by the Office, the patents and industrial designs
referred to in Article 133(1) and (2) of the Ordinance shall be governed by the provisions of
that Ordinance as from its entry into force.