The cancellation of a mark is shall be based on a judicial judgment if the registration does not
conform to the provisions of articles 2, 3, 4 and 5 of this law.
The judgment for cancellation shall have absolute effect.
Article 33:
The representative of the public prosecution may directly request the cancellation of a mark in
the cases stipulated in articles 2, 3 and 4 of this law.
The owner of a prior right may, excluding others, file a cancellation action according to article
5 of this law. However his action shall be rejected if the mark has been filed in good faith and
has been allowed to be used for five years.
The cancellation action which is allowed to filed by the owner of a well-known mark shall
prescribe after a period of five years starting from the registration date unless the application
for registration was carried out in bad faith.
Article 34
The rights of the owner of the mark may lapse if he, without an excuse, did not seriously use
the mark for at least five consecutive years on one of the goods or service listed in the
registration.
The following shall specially be considered as serious use of the mark:
Placing the mark on the goods or their packaging for the purpose of marketing.
Using the mark in an differing form which does not make it loose its distinctive nature.
Using the mark with the consent of its owner or by a person qualified to use a collective mark.
The cancellation of the right may be not claimed if the serious use of the mark or the
resumption of this use took in the period between the end of the five years period referred to
in the first paragraph of the article and the time of the submission of the request for the
cancellation of the right.
However, this serious use shall not prevent the lapse of the right if it is carried out during the
three months preceding the filing of the cancellation request and after the mark owner has
known of the possibility of filing the cancellation request.
The burden of the proof of exploitation rests with the owner of the mark subject to the lapse
of the right. Exploitation may be proven by all means.
Article 35
Any interested party may file a cancellation case before the courts.
If the claim for cancellation covers only a part of the goods or services listed in the
registration, then the lapse of the right shall cover only the said goods or services.