Título II Capítulo III. Marcas de certificacion

Except for special provision of this Title, the rules on marks contained in this law are applicable to certification marks and, particularly, those relating to procedures, validity, renewal, termination and modification of the register

An entity or institution of private or public law, national, regional or international, competent to carry out quality certification activities may be the holder of a certification mark.

The application for registration of a certification mark shall be accompanied by regulations for use of the mark, which shall specify the characteristics guaranteed by the presence of the mark and the manner in which quality control shall be exercised before and after authorization of the use of the mark. The regulations shall have been previously approved by the administrative authority that is competent with respect to the product or service concerned and shall be recorded together with the mark.

Where the holder of the registration of the certification mark is a public law institution, the registration shall have indefinite validity, being extinguished upon the dissolution or disappearance of its holder. If the holder of a certification mark is a private law person, the registration shall have a validity of ten years, counted from the date of registration, and may be renewed in the same manner as marks. The registration of a certification mark may be cancelled at any time at the request of its holder.

The holder of a certification mark shall authorize the use of the mark to any person whose product or service, as the case may be, meets the conditions established in the regulations for use of the mark. The certification mark may not be used for products or services produced, provided or marketed by the holder of the mark itself.

A certification mark by its nature shall not be subject to any encumbrance, attachment or other precautionary or judicial enforcement order.

The certification mark may only be transferred together with the holder entity of the registration. In the event of dissolution or disappearance of the holder entity, the certification mark may be transferred to another suitable entity, with prior authorization from the administrative authority that approved the regulation.

In accordance with the provisions of Article 20, paragraph one, literal p), a certification mark whose registration lapses, is annulled, cancelled or ceases to be used due to dissolution or disappearance of its holder shall not be used or registered as a distinctive sign during a time limit of ten years counted from the annulment, lapse, dissolution or disappearance, as the case may be.