Trademark

Article 93

Extension, renewal, cancellation or reinstatement of the registration shall be published in the Trademark and Industrial Designs Gazette in the manner prescribed by the Regulations.

Article 94

The Department, or any interested party, may, in cases other than provided for in Article 85, submit to the competent court a request for the addition of any entry which would have been omitted, or to delete or modify any entry incorrectly inscribed therein or contrary to the truth.

Article 95

The owner of a mark may license one or more natural persons or legal entities to use his mark on all or some of the products for which the mark was registered. Such license to a third party shall not prevent the owner from using his mark, unless otherwise agreed

The owner of a mark may not cancel or refuse the renewal of the license contract without valid reasons.

Article 96

To be recorded in the Trademarks Register, a license agreement for the use of a mark shall be certified, or the signatures thereon endorsed. It shall not be valid with respect to a third party unless recorded and published in the manner prescribed in the Regulations.

Article 97

A licensee may not, unless otherwise agreed, assign the license contract to a third party except in connection with the assignment of the commercial enterprise or exploitation project in which the mark is utilized to distinguish the products thereof.

The mortgage of or the right of disposal of a mark shall not be valid with respect to a third party, unless such has been duly recorded in the register and published in the manner prescribed in the Regulations.

Article 98

The license contract may not include any conditions which may unnecessarily restrict the licensee in order to maintain the rights conferred by the registration of the mark.

The license contract may, however, include the following:

(1) Limit of the license period for use of the mark.

(2) Reasonable conditions which provide for the effective control by the owner of the mark of the quality of the products identified by the licensed mark; without restricting the licensee freedom of management and production.

(3) Commitment of the licensee to refrain from any act that might undermine the status of the products identified by the mark.

Article 99

The owner of the mark or the licensee may request the cancellation of a license contract. The Department shall notify the other party of such a request.

Such cancellation shall be in accordance with the conditions and procedures prescribed in the Regulations.

Article 100

In the application of the provisions of this Law, trade indication means any clarification connected directly or indirectly with the following:

(1) Number, quantity, dimension, measure, capacity or weight of any products.

(2) Place or country in which the products were manufactured or produced.

(3) Method of manufacturing or producing the products.

(4) Elements and components of which the products are composed.

(5) Name or capacity of the producer or manufacturer.

(6) Patents or any other industrial property rights, or any commercial or industrial concessions, awards or distinctions.

(7) The name or form under which certain goods are usually known.

Article 101

Trade indications shall be factual in all aspects, whether placed on the products, packaging, invoices, correspondence, advertisements or other means used for offering the products to the public, or whether on signboards, inside the shops or in warehouses.

Article 102

No mention may be made of medals, diplomas, awards or honorary distinctions, except in relation to the products in respect of which such distinctions apply, or in relation to the persons who, or commercial names which, acquired those distinctions, or their successors. Such mention should include correct indications of the date, nature of the awards, the authority and the occasion on which they were granted.

A person who participates with others in exhibiting products may not use for his own products the distinctions granted jointly to the exhibited products, unless he indicates in a clear manner the source and nature of such distinctions.