The lapse of the right shall take effect as from the end of the five years period stipulated in
article 34 of this law. The lapse of the right shall have absolute effect.
Article 36
The rights of the owner of the mark may lapse if:
The mark became the generic name of the product or service due to an action taken by the
mark owner.
The mark became a source of confusion to the public as to the nature, quality or geographical
origin of the product or service due to the use by the mark owner or by his consent.
Chapter Five
Appeals
Article 37
The decisions issued by the legal representative of the industrial property authority may be
appealed in front of the competent courts.
Article 38
The term for appealing the decisions stipulated in article 38 of this law is one month starting
from the notification date of the disputed decision.
Article 39
The appeal is be filed in a written memorandum to be directed or presented to the court.
The memorandum shall not be accepted unless it necessarily include the following particulars:
When the appealer is a natural person: his name, surname, profession, address, nationality and
date and place of birth.
When the appealer is a juridical person: legal form, designation, social address and the name
and surname of his legal representative.
The date and subject of the appealed decision.
The name and surname of the owner of the mark or the applicant of the mark if the appealer is
neither of these.
The memorandum of appeal shall include a copy of the appealed decision.
If the memorandum does not include the evidence for the case, the claimant must present this
evidence in writing to the court within seven day before holding the session.