Filing a declaration gives rise to a right - but not an unlimited one. Article 9 lays down two periods.
The Full Text of the Article
Article 9 - If the periodical is not published within one year of the date the owner of the periodical filed the declaration, or if publication is interrupted for a period of three years after it has been published, the declaration becomes void and the right it provided disappears.
Two Periods
| Situation | Period | Start |
|---|---|---|
| Not being published at all | One year | The date the declaration was filed |
| Interrupting publication | Three years | After it has been published |
Trademark Provisions Are Reserved
The second paragraph of the article: the provisions of Decree-Law No. 556 on the Protection of Trademarks are reserved.
Amending the Declaration Is a Separate Obligation - Art. 8/2
Every change occurring in the content of the declaration is notified to the same authority within two weeks by a new declaration together with the necessary documents.
We cover the detail in the title change guide and the incomplete declaration guide.
Do Not Confuse It with Suspension of Publication
| Art. 9 - loss of the right | Art. 8/1 - suspension of publication | |
|---|---|---|
| Cause | The passage of time - not publishing for a year or interrupting for three years | A deficiency in the declaration or a statement contrary to the truth |
| Decision | Of its own accord - the declaration becomes void | A decision of the criminal court of first instance |
| Process | No separate procedure is needed | The Chief Public Prosecutor's Office gives a period of two weeks; if it is not remedied it applies to the court; the court decides within two weeks at the latest |
| Internet news site | Applies | Does not apply - the final paragraphs of Art. 8 |
A Different Result for an Internet News Site
Where the application is accepted, the rights that may be obtained for internet news sites as to official announcements and advertisements and as to the press cards of their employees disappear.
We cover the detail in the internet news site declaration guide.
A Checklist
- Was the first issue published within one year of the date the declaration was filed?
- Has publication been interrupted for a period approaching three years?
- Has there been a change in the declaration details? Was it notified within two weeks?
- Is the name of the publication registered as a trademark?
Summary
Under Art. 9 of Law No. 5187, if the periodical is not published within one year of the date the declaration was filed, or if publication is interrupted for a period of three years after it has been published, the declaration becomes void and the right it provided disappears. The provisions of the trademark legislation are reserved; the second sentence of the paragraph was annulled by the Constitutional Court.