When two (2) or more applications for registration are object of qualification and are in conflict because of their similarity, the Secretary shall decide which one shall be registered and give notice of his/her decision to the affected party.
A duly registered mark not in use shall prevail over an application for registration of a mark subsequently filed, provided, that the provisions set forth in this chapter applicable to registered marks not in use are observed.
History —Dec. 16, 2009, No. 169, § 9; July 12, 2011, No. 124, § 5.