Título II Capítulo II. Marcas colectivas

Except for special provisions contained in this Chapter, the provisions on marks contained in this Law are applicable to collective marks and, in particular, those relating to proceedings, term of validity, renewal, termination and modification of the registration.

In addition to the requirements established in Articles 22 and 23 of this Law, the application for registration of a collective mark must indicate that its subject matter is a collective mark and include three copies of the regulation of use thereof.

The regulation of use of the collective mark must specify the common characteristics or the qualities that will be common to the products or services for which the mark will be used, the conditions and modalities under which it may be used and the persons who shall have the right to use it. It shall also contain provisions aimed at ensuring and controlling that the mark is used in accordance with its regulation of use, and the sanctions in case of non-compliance therewith.

The substantive examination of the application for registration of a collective mark shall include verification of compliance with the requirements of Article 49, second paragraph, of this Law.

Collective marks shall be entered in the same register of marks. A copy of the regulation governing use of the mark shall be kept in a special file within the Register.

The holder of a collective mark shall notify the Registry of any change introduced in the regulations governing use of the collective mark. Such changes shall be recorded in the Registry upon payment of the established fee and shall take effect as of the date of filing.

A collective mark may not be the subject of a license of use in favor of persons other than those authorized to use the mark in accordance with the regulations governing use thereof.

The holder of a collective mark may itself use the mark provided that it is also used by the persons who are authorized to do so in accordance with the regulations governing use of the mark.