Trade Marks Act, 1963
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International agreements. |
70.—(1) Where any person has applied, in a foreign state which is a party to any international agreement for the mutual protection of trade marks to which the State is a party, for protection of a trade mark of which that person is the proprietor, that person or his legal representative or assignee shall be entitled to registration under this Act of that trade mark in priority to other applicants; and the registration shall have the same date as the date of the application in that foreign state: | |
Provided that— | ||
(a) the application in the State is made within the prescribed period, and | ||
(b) nothing in this section shall entitle the proprietor of a trade mark to recover damages for any infringement occurring prior to the date which, but for subsection (1) of section 27 of this Act, would have been the date of registration of that trade mark. | ||
(2) The registration under this Act of a trade mark to which this section applies shall not be invalidated by reason only of the use of that trade mark in the State during the period prescribed under paragraph (a) of subsection (1) of this section as that within which the application for such registration may be made. | ||
(3) An application for the registration under this Act of a trade mark to which this section applies shall be made in the manner specified in section 25 of or, in the case of a certification trade mark in the manner specified in the First Schedule to this Act. | ||
(4) Any person who by an application which— | ||
(a) in accordance with the law of any foreign state is equivalent to an application duly made in that foreign state or | ||
(b) in accordance with the terms of any international agreement subsisting between any two or more foreign states is equivalent to an application duly made in one of those foreign states, | ||
has applied for protection of a trade mark of which he is the proprietor shall for the purpose of this section be deemed to have so applied in that foreign state. | ||
(5) This section shall apply only in the case of those foreign states with respect to which the Government, by order, declares it to be applicable and so long only in the case of each foreign state as the order continues in force with respect to that foreign state. | ||
(6) In this section “foreign state” includes any territory for the foreign relations of which any state (being a state which is a party to any international agreement for the mutual protection of trade marks to which the State is a party) considers itself responsible. |