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Effect of acquiescence.
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53.—(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the State, while being aware of that use, the proprietor shall no longer be entitled, on the basis of that earlier trade mark or other right—
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(a) to apply for a declaration that the registration of the later trade mark is invalid, or
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(b) to oppose the use of the later trade mark in relation to the goods or services in connection with which it has been so used,
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unless the registration of the later trade mark was applied for in bad faith.
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(2) Where subsection (1) applies, the proprietor of the later trade mark shall not be entitled to oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark or right may no longer be invoked against the proprietor's later trade mark.
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Collective Marks
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