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Amendment of section 29 of Act of 1996
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3. (1) Section 29 of the Act of 1996 is amended—
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(a) by the substitution of the following subsection for subsection (3):
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“(3) Until an application has been made to enter the particulars of a registrable transaction in the register pursuant to subsection (1), the transaction shall be ineffective as against a person acquiring a conflicting interest in or under the registered trade mark in ignorance of that transaction.”,
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and
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(b) by the substitution of the following subsection for subsection (4):
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“(4) Where a person becomes the proprietor or a licensee of a registered trade mark by virtue of a registrable transaction and the trade mark is infringed—
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(a) on or after the date of the registrable transaction, and
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(b) at a time when no application has been made to enter the particulars of the registrable transaction in the register pursuant to subsection (1),
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the Court shall not award the person his or her costs in proceedings for such an infringement of the trade mark unless—
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(i) an application for registration of the particulars of the registrable transaction was made not later than 6 months from the date of the transaction, or
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(ii) the Court is satisfied that it was not practicable for such an application to be made in the period referred to in paragraph (i) and that an application was made as soon as practicable after the expiry of that period.”.
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(2) (a) The amendments to the Act of 1996 effected by this section shall not apply to any infringement of a registered trade mark that occurred before the commencement of this section.
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(b) In this subsection—
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“infringement of a registered trade mark” shall be construed in accordance with section 14 of the Act of 1996;
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“registered trade mark” shall be construed in accordance with section 7 of the Act of 1996.
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