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In any event, the holder of a mark must use
mark, under the control of the grouping,
his mark within a period of three years,
body or community which holds the
starting from registration.
collective mark.
Art.139. The filing of a mark shall be
Art.142. Without prejudice to the
compulsory for any economic operator
provisions of Chapters 1 and 2 of this Title,
concerned.
the exclusive right in a collective mark
shall only be acquired if the filing of the
Economic operator shall be defined as any
mark is accompanied by a copy of the
natural person or legal entity performing in
regulations for use and control.
particular an industrial, commercial,
agricultural or crafts activity.
On pain of invalidity, said regulations must
mention the conditions on which depend
the use of the mark, the common
characteristics of the products and services
Chapter 4 – Collective marks
the mark is intended to guarantee and the
procedures for the control of these
or
characteristics, combined with appropriate
community under public or private law,
sanctions and subject to the right of anyone
which has been legally constituted and
who can claim a prior right in a non
enjoys legal status, may, for a purpose of
collective mark.
general,
Art.140.
Any
grouping,
industrial,
body
commercial
or
agricultural interest, or to promote the
These same regulations may not contain
development of the trade or industry of its
provisions contrary to public order or
members, acquire collective rights in
morality.
accordance with the provisions of this
Chapter.
Art.143. A collective mark shall be
affixed either directly, by the grouping,
Art.141. A collective mark shall be any
body or community which holds the mark,
sign so designated at the time of filing and
by way of control over certain products or
used to distinguish one or more common
objects, or by its members, under their
characteristics of products or services from
supervision and on fixed conditions, to the
different firms which affix said signs as a
products of their manufacture or of their