Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 597.4 · Trademark Rules (S.L. 597.4)

S.L. 597.4 Art. 84Filing of notice for revocation of a trademarkbasedon article 30 of the Act. 

PART VI

In KraftAmtlicher Text

(1) A notice for revocation of a trademark based on article 30 of the Act may be filed by any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, and which, under the terms of the law governing them, have the capacity to sue and be sued in their own name.

(2) When filing a notice for revocation of a trademark based on article 30 of the Act, such notice shall be accompanied by the prescribed fee and shall contain:

(a) the registration number of the trademark against which the notice is being entered and the name of the owner of the trademark;

(b) the name and address of the applicant filing the notice for revocation and of his representative, when a representative is appointed;

(c) a declaration that the notice for revocation is being filed as a result of:

(i) acts or inactivity of the proprietor where the trademark has become a common name in the trade for a product or service in respect of which the trademark is registered; or

(ii) the use made of the mark by the proprietor or with the proprietor’s consent, is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services;

(d) the goods or services against which the notice for revocation is being directed;

(e) a reasoned statement on the grounds, the facts and arguments on which the notice for revocation relies, and any supporting evidence which may be available.

Änderungsgeschichte
  • Amended by L.N. 69 of 2023