Subsection 3: Coordination between judicial and administrative proceedings

An application for invalidity or revocation of a trade mark shall be inadmissible where a decision relating to an application having the same subject matter and cause of action has been given between the same parties in the same capacity by the National Institute of Industrial Property or by a court and that decision is no longer subject to appeal. Without prejudice to the provisions of the second paragraph of…

Where a counterclaim for invalidity or revocation of a trade mark is brought before a court subsequent to a claim brought between the same parties and in respect of the same facts before the National Institute of Industrial Property, the court may stay the proceedings until the day on which the decision on the invalidity or revocation is no longer subject to appeal. During the stay of proceedings, any provisional…