CHAPTER XII: TRANSITIONAL PROVISIONS

 

Article 85

All trade marks that have been registered on the basis of Act No. 21 of 1961 on Company Marks and Trade Marks and which remain valid on the effective date of this Act shall be declared to continue to be valid in accordance with this Act for the remainder of the period of their registration.

 

Article 85A

  1. An application for renewal of a trade mark and for the transfer of a trade mark which has been registered shall be refused by the Trade Mark Office if the trade mark concerned has a similarity in its essential part or in its entirety to a well-known trade mark owned by another person, in accordance with the provisions of Article 6 paragraph (3) and paragraph (4).
  2. An objection against refusal of the decision as referred to in paragraph (1) shall be filed to the District Court as referred to in Article 52.

 

 

 

Article 86

  1. A claim for cancellation against a trade mark as referred to in Article 85 may be filed at a District Court as referred to in Article 52, based on the reasons as referred to in Article 5 and Article 6.
  2. A claim for the cancellation of the registration of a trade mark as referred to in paragraph (1) shall be filed during the period of validity of the registration of said trade mark.

 

Article 87

An application for registration of a trade mark, extension of the registration of a trade mark, registration of the transfer of rights, recording of changes in name and or address, an application for the deletion or cancellation of the registration of a trade mark that was submitted on the basis of Act No.21 of 1961 on Company Marks and Trade Marks, but which has not yet been completed on the effective date of this Act, shall be completed on the basis of this Act.

 

Article 88

All implementing regulations issued on the basis of Act No.21 of 1961 on Company Marks and Trade Marks in existence on the effective date of this Act shall be declared to be valid as long as they are not in contradiction to this Act or have not been replaced by new ones on the basis of this Act.

1