41.
42.
43.
44.
(3)
Any registered owner may, where the use of any sign similar to the registered mark
or in relation to goods and services similar to those for which the mark has been
registered, is likely to cause confusion in the public, institute court proceedings
in accordance with subsection (2).
(4)
The provision of section 36(2) shall apply, mutatis mutandis, in any action
instituted by the owner of a well-known mark against any person in respect of the
unlawful use of the well-known mark.
(5)
The rights conferred by registration of a mark shall not extend to acts in respect
of articles which have been put on the market in Mauritius by the registered owner
or with his consent.
Duration
(1)
The registration of a mark shall be for a period of 10 years from the filing date
of the application for registration.
(2)
The registration of any mark may be renewed for consecutive periods of 10 years
upon payment of (a)
a renewal fee; and
(b)
any condition as may be prescribed.
Invalidation
(1)
Any interested person may apply to the Tribunal for an order invalidating the
registration of a mark.
(2)
The Tribunal may invalidate the registration where the person requesting the
invalidation proves that any of the requirements of sections 35 and 36 has not been
fulfilled.
(3)
Any invalidation of a registration of a mark shall be deemed to have been effective
as of the date of registration, and it shall be recorded and a reference thereto
published as soon as possible.
Removal on grounds of non-use
(1)
Any interested person may request the Controller to remove from the Register, a
mark, in respect of any goods or services in respect of which it is registered, on
the ground that up to one month prior to filing the request, the mark had, after
its registration, not been in use by the registered owner or a licensee, during a
continuous period of not less than three years.
(2)
Notwithstanding subsection (1), no mark shall be removed from the Register, unless
the Controller is satisfied that there were reasonable circumstances that prevented
the use of the mark and that there was no intention not to use or to abandon the
same in respect of those goods or services.
Collective marks