Trade Marks Act · s 48

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

48.
Grounds for invalidity of registration
(1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 6 or of any of the provisions referred to in that section. Where the trade mark was registered in breach of subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use that has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.
(2) The registration of a trade mark may be declared invalid on the ground —
(a) that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or
(b) that there is an earlier right in relation to which the condition set out in section 8(4) is satisfied, unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.
(3) An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the court, except that —
(a) if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and

Trade Marks
(b) if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the court.
(4) In the case of bad faith in the registration of a trade mark, the
Registrar may apply to the court for a declaration of the invalidity of the registration.
(5) Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards only those goods or services.
(6) Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made:
Provided that this does not affect transactions past and closed.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 48Grounds for invalidity of registration

(1)

The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 6 or of any of the provisions referred to in that section. Where the trade mark was registered in breach of subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use that has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.

(2)

The registration of a trade mark may be declared invalid on the ground —

(a)

that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or

(b)

that there is an earlier right in relation to which the condition set out in section 8(4) is satisfied, unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.

(3)

An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the court, except that —

(a)

if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and

Trade Marks

(b)

if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the court.

(4)

In the case of bad faith in the registration of a trade mark, the

Registrar may apply to the court for a declaration of the invalidity of the registration.

(5)

Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards only those goods or services.

(6)

Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made:

Provided that this does not affect transactions past and closed.