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S.L. 597.4 · Trademark Rules (S.L. 597.4)

S.L. 597.4 Art. 87Filing of a notice for declaration of invalidity of a trademarkbasedon article 6 of the Act. 

PART VI

In KraftAmtlicher Text

(1) A notice for declaration of invalidity of a trademark based on articles 6(1) to (3)(a) and (b) of the Act, may be filed by the proprietor of the trademark.

(2) When filing a notice for declaration of invalidity of a trademark based on articles 6(1) to (3)(a) and (b) of the Act, such notice for declaration shall be accompanied by the prescribed fee and shall contain:

(a) a clear indication of the relative grounds under article 6 of the Act on the basis of which the notice for declaration of invalidity is being filed;

(b) the registration number of the trademark against which the notice for declaration of invalidity is being entered and the name of the owner of the trademark;

(c) the name and address of the applicant filing the notice for declaration of invalidity and of his representative, when a representative is appointed;

(d) a reasoned statement on the grounds, the facts and arguments on which the notice for declaration of invalidity relies, and any supporting evidence which may be available.

(3) A notice for declaration of invalidity of a trademark based on article 6(3)(c) of the Act, may be filed by the person authorised under the relevant law to exercise the rights arising from a protected designation of origin or geographical indication.

(4) When filing a notice for declaration of invalidity of a trademark based on article 6(3)(c) of the Act, such notice for declaration shall be accompanied by the prescribed fee and shall contain:

(a) a clear indication that the notice for declaration of invalidity is being filed under article 6(3)(c);

(b) the application number for the designation of origin or the geographical indication;

(c) the name and address of the applicant filing the notice for declaration of invalidity and of his representative, when a representative is appointed;

(d) a reasoned statement on the grounds, the facts and arguments on which the notice for the declaration of invalidity relies, and any supporting evidence which may be available.

Änderungsgeschichte
  • Amended by L.N. 69 of 2023