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Acts of agent or representative: Article 6septies.
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65.—(1) The following provisions apply where an application for registration of a trade mark is made by a person who is an agent or representative of a person who is the proprietor of the mark in a Convention country and the application is made without the proprietor's authorisation.
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(2) Where the proprietor opposes the application, registration shall be refused.
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(3) Where the application (not being so opposed) is granted, the proprietor may—
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(a) apply for a declaration of the invalidity of the registration; or
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(b) apply for the rectification of the register so as to substitute the proprietor's name as the proprietor of the registered trade mark.
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(4) The proprietor may (notwithstanding the rights conferred by this Act in relation to a registered trade mark) apply to the Court to restrain by injunction any use of the trade mark in the State which is not authorised by the proprietor.
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(5) Subsections (2), (3) and (4) shall not apply if, or to the extent that, the agent or representative justifies his action.
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(6) An application under subsection (3) (a) or (b) must be made within three years of the proprietor becoming aware of the registration; and no injunction shall be granted under subsection (4) in respect of a use in which the proprietor has acquiesced for a continuous period of three years or more.
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