The magistrate of the summary justice shall have the jurisdiction to evaluate the extent of seriousness, provided that there is no serious dispute resulting in that the right is not clear enough to deserve the protection of summary judiciary. The registration shall be deemed as an evidence of the property of the trademark may be repealed by the litigant alleging the precedent usage of the trademark. The litigant that used the trademark shall have the right to request the judiciary to protect the right to use this trademark, although it is not registered in the name. The magistrate of the summary justice shall have the jurisdiction to classify the order and the procedure required thereby, leading to the competency or incompetency, without the comment of the Court of Cassation. The request of appellant company submitted to the magistrate of the summary justice to prevent the respondent company to use the company trademark on products, based on the expiration of the right to use this trademark, shall be deemed as a temporary procedure under the jurisdiction of the summary judiciary, as it does not prejudice to origin of right.