Industrial and Commercial Property (Protection) Act, 1927
|
Registration of trade marks in certain cases. |
88.—(1) Any person or the legal representative or assignee of any person who applied after the 6th day of December, 1921, and before the commencement of this Part of this Act to the Minister for Economic Affairs of the late Provisional Government of Ireland or to the Minister for Industry and Commerce of Saorstát Eireann for the registration of a trade mark shall be entitled to apply under this Act within one year after the commencement of this Part of this Act for the registration of the same trade mark and shall be entitled to have such application under this Act dated and treated as having been made as of the date of the first-mentioned application for all purposes including the date as of which the trade mark is to be registered. | |
(2) Any person or the legal representative or assignee of any person who has obtained between the 6th day of December, 1921, and the commencement of this Part of this Act protection for a trade mark in any British dominion (other than Great Britain and Northern Ireland) or foreign state to which the provisions of section 152 (which relates to international arrangements) of this Act are applied or declared to be applicable by order made under that section shall be entitled to apply under this Act within one year after the commencement of this Part of this Act for the registration of the same trade mark and shall be entitled to have the said application under this Act dated and treated as having been made as of the date of the application for protection of the said trade mark in such British dominion or foreign state for all purposes including the date as of which the trade mark is to be registered. | ||
(3) Any person who applies under the provisions of this section for the registration of a trade mark (hereinafter called the first mentioned trade mark) may at any time before the completion of such registration apply to the controller for the removal from the register of any trade mark (hereinafter called the second mentioned trade mark) registered under section 89 (which relates to the registration of trade marks registered in the Patent Office in London) of this Act as of any date between the 6th day of December, 1921, and the commencement of this Part of this Act but subsequent to the date as of which the first-mentioned trade mark might be registered and on such application the controller may remove the second-mentioned trade mark from the register on any ground on which the registration of such second-mentioned trade mark could have been successfully opposed by the applicant for such removal but on no other ground. | ||
(4) An appeal shall lie to the law officer from every decision of the controller on an application for removal under the foregoing sub-section. |