Industrial and Commercial Property (Protection) Act, 1927

Application for registration in Part B.

86.—(1) Where any mark has for not less than two years been bonâ fide used in Saorstát Eireann upon or in connection with any goods (whether for sale in Saorstát Eireann or exportation abroad), for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, the person claiming to be the proprietor of the mark may apply in writing to the controller in the prescribed manner to have the mark entered as his registered trade mark in Part B of the register in respect of such goods.

(2) The controller shall consider every such application for registration of a trade mark in Part B of the register, and if it appears to him, after such search, if any, as he may deem necessary, that the registration of the trade mark is prohibited by this Act or if he is not satisfied that the mark has been so used as aforesaid, or that it is capable of distinguishing the goods of the applicant, he may refuse the application, or may accept it subject to conditions, amendments or modifications as to the goods or classes of goods in respect of which the mark is to be registered, or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose, and in any other case he shall accept the application, but every acceptance of any such application shall be subject to the provisions of this Act.

(3) Every such application shall be accompanied by a statutory declaration verifying the user, including the date of first user, and such date shall be entered on the register.

(4) Any such refusal or conditional acceptance shall be subject to appeal to the court, and, if the ground for refusal is insufficiency of evidence as to user, such refusal shall be without prejudice to any application for registration of the trade mark in Part A of the register.

(5) A mark may be registered in Part B of the register notwithstanding any registration in Part A of the register by the same proprietor of the same mark or any part or parts thereof.