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Trade Marks Act, 1996

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Number 6 of 1996


TRADE MARKS ACT, 1996


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders, regulations and rules.

4.

Expenses.

5.

Repeal.

PART II

Registered Trade Marks

6.

Trade marks.

7.

Registered trade marks.

8.

Absolute grounds for refusal of registration.

9.

Specially protected emblems.

10.

Relative grounds for refusal of registration.

11.

Meaning of “earlier trade mark”.

12.

Raising of relative grounds in case of honest concurrent use.

13.

Rights conferred by registered trade mark.

14.

Infringement of registered trade mark.

15.

Limits on effect of registered trade mark.

16.

Exhaustion of rights conferred by registered trade mark.

17.

Registration subject to disclaimer or limitation.

18.

Action for infringement.

19.

Order for erasure &c. of offending sign.

20.

Order for delivery up of infringing goods, material or articles.

21.

Meaning of “infringing goods, material or articles”.

22.

Period after which remedy of delivery up not available.

23.

Order as to disposal of infringing goods, material or articles.

24.

Remedy for groundless threats of infringement proceedings.

25.

Infringing goods, material or articles: powers of seizure and search.

26.

Nature of registered trade mark.

27.

Jointly owned trade marks.

28.

Assignment &c. of registered trade mark.

29.

Registration of transactions affecting registered trade mark.

30.

Trusts and equities.

31.

Application for registration of trade mark as an object of property.

32.

Licensing of registered trade mark.

33.

Exclusive licences.

34.

General provisions as to rights of licensees in case of infringement.

35.

Exclusive licensee having rights and remedies of assignee.

36.

Exercise of concurrent rights.

37.

Application for registration.

38.

Date of filing.

39.

Classification of goods and services.

40.

Claim to priority of Convention application.

41.

Claim to priority from other relevant overseas application.

42.

Examination of application.

43.

Publication, opposition proceedings and observations.

44.

Withdrawal, restriction or amendment of application.

45.

Registration.

46.

Registration: supplementary provisions.

47.

Duration of registration.

48.

Renewal of registration.

49.

Alteration of registered trade mark.

50.

Surrender of registered trade mark.

51.

Revocation of registration.

52.

Grounds for invalidity of registration.

53.

Effect of acquiescence.

54.

Collective marks.

55.

Certification marks.

PART III

Community Trade Marks and International Matters

56.

Meaning of “Community trade mark” and “Community Trade Mark Regulation”.

57.

Power to make provision in connection with Community Trade Mark Regulation.

58.

The Madrid Protocol.

59.

Power to make provision giving effect to Madrid Protocol.

60.

The Paris Convention.

61.

Protection of well-known trade marks: Article 6bis.

62.

National emblems &c. of Convention countries: Article 6ter.

63.

Emblems &c. of certain international organisations: Article 6ter.

64.

Notification under Article 6ter of the Convention.

65.

Acts of agent or representative: Article 6septies.

PART IV

Administrative Provisions

66.

The register.

67.

Rectification or correction of the register.

68.

Adaptation of entries to new classification.

69.

Power to require use of forms.

70.

Information about applications and registered trade marks.

71.

Exercise of discretionary powers by Controller.

72.

Costs and security for costs.

73.

Evidence before the Controller.

74.

Exclusion of liability in respect of official acts.

75.

Content of Controller's annual report.

76.

Registration to be prima facie evidence of validity.

77.

Certificate of validity of contested registration.

78.

Controller's appearance in court proceedings.

79.

Appeals from the Controller.

80.

No award of costs to or against the Controller.

81.

Power of Minister to make rules.

82.

Fees.

PART V

Trade Mark Agents

83.

Authorised agent may act.

84.

Register of Trade Mark Agents.

85.

Business to be carried on only by registered trade mark agents &c.

86.

Entitlement to be registered as trade mark agent.

87.

Removal from Register.

88.

Suspension and erasure of registration of trade mark agent.

89.

Notice of erasure or suspension: subsequent restoration.

90.

Rules relating to trade mark agents.

91.

Privileged communications.

PART VI

Offences

92.

Fraudulent application or use of trade mark in relation to goods.

93.

Falsification of register, &c.

94.

Falsely representing trade mark as registered.

95.

Offences committed by partnerships and bodies corporate.

PART VII

Miscellaneous and General

96.

Jurisdiction of the Circuit Court.

97.

Unauthorised use of State emblems of Ireland.

98.

Misuse of trade marks indicative of Irish origin.

99.

Burden of proving use of trade mark.

100.

Transitional provisions.

101.

Territorial waters and continental shelf.

102.

Amendment and adaptation of existing statutes.

FIRST SCHEDULE

Collective Marks

SECOND SCHEDULE

Certification Marks

THIRD SCHEDULE

Transitional Provisions

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Number 6 of 1996


TRADE MARKS ACT, 1996


AN ACT TO MAKE NEW PROVISION FOR REGISTERED TRADE MARKS, IMPLEMENTING COUNCIL DIRECTIVE NO. 89/104/EEC OF 21st DECEMBER, 1988, TO APPROXIMATE THE LAWS OF THE MEMBER STATES RELATING TO TRADE MARKS(1) ; TO MAKE PROVISION IN CONNECTION WITH COUNCIL REGULATION (EC) NO. 40/94 OF 20 DECEMBER, 1993, ON THE COMMUNITY TRADE MARK(2) ; TO GIVE EFFECT TO THE MADRID PROTOCOL RELATING TO THE INTERNATIONAL REGISTRATION OF MARKS OF 27th JUNE, 1989, AND TO CERTAIN PROVISIONS OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF 20th MARCH, 1883, AS REVISED AND AMENDED; TO PERMIT THE REGISTRATION OF TRADE MARKS IN RELATION TO SERVICES AND FOR CONNECTED PURPOSES. [16th March, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

OJ No. L40 of 11th February, 1989

OJ No. Lll of 14th February, 1994