Trade Marks Act · 2022 Revised Edition · Part 1
49. Effect of acquiescence
Official textFrom Attorney General's Chambers, unchanged
Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use of a registered trade mark in Brunei Darussalam, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right —
earlier trade mark
“earlier trade mark” has the same meaning as in section 9(1);
to apply for a declaration that the registration of the later trade mark is invalid; or
to oppose the use of the later trade mark as regards the goods or services in relation to which it has been so used, unless the registration of the later trade mark was applied for in bad faith.
Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark or right may no longer be invoked against his later trade mark.
Trade Marks 48
Collective marks
Terms defined in s 2
earlier right
Defined · s 2“earlier right”, in relation to a trade mark, means the right of the proprietor under section 8(4)(b) to prevent the use of that mark;
earlier trade mark
Defined · s 2“earlier trade mark” has the same meaning as in section 9(1);
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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Proceedings Relating to Importation of Infringing Goods
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