A.52
Opposition to
registration of
mark
Registration
of mark
Rights
conferred by
registration
79. (1) Any person may, on the grounds specified in section 74 (2), or
on grounds that the mark does not comply with the definition of a mark as
specified in this Act, give to the Registrar within such period and in such
manner as may be prescribed, notice of his or her opposition to the registration
of a mark.
(2) The Registrar shall, as soon as he or she receives such notice, send a
copy to the applicant who shall, within such period and in such manner as
may be prescribed, submit, to the Registrar, his or her written response
(referred to in this section as a “counter-statement”) specifying the grounds
on which he or she relies for his or her application.
(3) Where the applicant files his or her counter-statement, the Registrar
shall furnish a copy to the person opposing and shall hear the parties, if
either wishes to be heard.
(4) Following the publication of an application, and until the registration
of the mark, the applicant shall have the same rights and privileges as he or
she would have if the mark had been registered, but it shall be a valid defence
to an action brought hereunder in respect of an act done after the application
was published, if the defendant establishes that the mark could not have
been validly registered at the time the act was done.
80. (1) Where having considered the merits of any opposition and any
counter-statement thereto, the Registrar is satisfied that the application for
the registration of a mark satisfies the requirements of this Act, the Registrar
shall —
(a) register the mark in the appropriate register;
(b) issue, to the applicant, a certificate of registration; and
(c) publish, in the Journal, a reference to the registration of the mark.
(2) Where the requirements for the registration of a mark are not satisfied,
or an application for the registration of a mark has been successfully opposed,
the Registrar shall refuse to register that mark.
81. (1) Registration of a mark shall confer on the registered owner, the
right —
(a) to exclusive ownership of that mark;
(b) to prohibit third parties from using the mark; and
(c) to institute court proceedings against any person infringing his or
her rights.
(2) A person who, without authorisation from the owner of a registered
mark —
(a) affixes the registered mark or a similar distinctive sign on goods for
which the mark has been registered, on goods associated with the
services for which the mark has been registered or on containers,
wrapping or packaging of such goods;
(b) suppresses or distorts the mark after it has been affixed on the
goods for which the mark has been registered for commercial
purposes;