Trade Marks Act, 1996

Acts of agent or representative: Article 6septies.

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.

(2) Where the proprietor opposes the application, registration shall be refused.

(3) Where the application (not being so opposed) is granted, the proprietor may—

(a) apply for a declaration of the invalidity of the registration; or

(b) apply for the rectification of the register so as to substitute the proprietor's name as the proprietor of the registered trade mark.

(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.

(5) Subsections (2), (3) and (4) shall not apply if, or to the extent that, the agent or representative justifies his action.

(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.