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industry, or to the objects in which they
Art.148. The right to bring legal
trade.
proceedings to claim the protection of a
collective mark shall be reserved for its
Art.144. Collective marks shall be
holder.
registered in a special section of the
national register of marks, with a mention
Nevertheless, the regulations for use and
of the serial number of the regulations for
control may grant persons authorized to
use and control.
make use of the mark the right either to act
jointly with the holder or to be party to the
Art.145. Collective marks may only be
proceedings brought by or against him.
assigned with the firm to which they are
attached.
The same regulations may also provide
that the holder, acting on his own, may
They may not be the subject of a grant,
mention the special interest of users of the
pledge or any enforcement measure.
mark and take account, in his request for
compensation, of the specific damage
Art.146. Unless they are incompatible,
suffered by one or more of them.
the rights and obligations of the holders of
the collective marks shall, mutatis
mutandis, be the same as those of the
Chapter 5 – Invalidities and procedures
owners of the noncollective marks.
for extinction of marks and penalties
Art.147. In any event, holders of
collective marks shall be bound to notify
Art.149. Any interested party, including
the Ministry responsible for industrial
the Public Prosecutor’s Office, may
property of any modification to regulations
institute invalidity proceedings for a mark
for use and control of collective marks.
that does not appear to comply with the
provisions of Articles 128, 132, 133 and
Such modification may only take effect
142 of this Law.
after the notification referred to in
paragraph 1 of this Article.
Art.150. The right in a mark shall be
extinguished: