Trade Marks Act, 1996

Power to make provision in connection with Community Trade Mark Regulation.

57.—(1) The Minister may by regulations make such provision as he considers appropriate in connection with the operation of the Community Trade Mark Regulation.

(2) Provision may, in particular, be made with respect to—

(a) the filing of applications for Community trade marks through the Patents Office;

(b) the procedures for determining a posteriori the invalidity, or liability to revocation, of the registration of a trade mark from which a Community trade mark claims seniority;

(c) the conversion of a Community trade mark or an application

for a Community trade mark into an application for registration under this Act; and

(d) the designation of Courts in the State having jurisdiction over proceedings arising out of the Community Trade Mark Regulation.

(3) Without prejudice to the generality of subsection (1), provision may be made by regulations under this section making in relation to the list of professional representatives maintained in pursuance of Article 89 of the Community Trade Mark Regulation, and persons on that list, provision corresponding to that made by, or capable of being made under, sections 84 to 90 in relation to the register of trade mark agents and registered trade mark agents.

(4) Section 24 (remedy for groundless threats of infringement proceedings) and Part VI (offences) shall apply in relation to a Community trade mark as they apply in relation to a registered trade mark.

The Madrid Protocol: International Registration