No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
95
INDUSTRIAL PROPERTY ACT, 2012
(3)
An application for the invalidation of a registration of a trade mark,
together with the statement setting out the ground or grounds on which the applicant
relies, must be served on the owner of the trade mark in the prescribed manner.
(4)
The owner has the right to submit, in the prescribed manner, to the
Tribunal, his or her reply to the application for the invalidation of the registration.
(5)
The parties must follow the procedure and submit such evidence as
prescribed and the Tribunal must, taking into account the requirements of section 147,
decide the matter and determine the relief, if any, to be granted.
(6)
If the Tribunal is satisfied that an amendment of the trade mark
registration will remove the ground of invalidity, it may uphold the trade mark
registration subject to such amendment and subject to such terms or conditions as it
deems fit.
(7)
The final decision of the Tribunal must be notified to the Registrar who
must record it and as soon as possible publish it in the bulletin.
Effect of invalidation
180. Any order for the removal or invalidation of a registration or the entry
on the register of an amendment or disclaimer relating to the registration of a mark must
be deemed to have been effective
(a)
from the date of the application for such order; or
(b)
if the Registrar is satisfied that grounds for such order existed at an
earlier date, such earlier date.
Notification, recording and publication of surrender, removal or invalidation
181.
A notice of any surrender, removal or invalidation of, or any amendment
or disclaimer in respect of, a registered trade mark must be published in the bulletin by
the Registrar as soon as possible after the respective order.
PART 9
INFRINGEMENT
Acts of infringement
182.
The rights acquired by registration of a trade mark are infringed by -
(a)
the unauthorised use in the course of trade in relation to goods or
services in respect of which the trade mark is registered, of an identical
mark or of a mark so nearly resembling it as to be likely to deceive or
cause confusion;
(b)
the unauthorised use of a mark which is identical or similar to the
registered trade mark, in the course of trade in relation to goods or
services which are so similar to the goods or services in respect of