Trade Marks Act, 1996
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Raising of relative grounds in case of honest concurrent use. |
12.—(1) This section applies where on an application for the registration of a trade mark it appears to the Controller— | |
(a) that there is an earlier trade mark in relation to which any of the conditions set out in subsections (1) to (3) of section 10 obtains, or | ||
(b) that there is an earlier right in relation to which the condition set out in section 10 (4) is satisfied, | ||
but the applicant shows to the satisfaction of the Controller that there has been honest concurrent use of the trade mark for which registration is sought. | ||
(2) In a case to which this section applies, the Controller shall not refuse the application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right. | ||
(3) For the purposes of this section “honest concurrent use” means such use in the State, by the applicant or with his consent, as would formerly have amounted to honest concurrent use for the purposes of section 20 (2) of the Trade Marks Act, 1963 . | ||
(4) Nothing in this section affects— | ||
(a) the refusal of registration on the grounds mentioned in section 8 ; or | ||
(b) the making of an application for a declaration of invalidity under section 52 (2). | ||
Effects of Registered Trade Mark |