Trade Marks Act · 2022 Revised Edition · Part 2
58. Acts of agents or representatives
Official textFrom Attorney General's Chambers, unchanged
The following provisions apply where an application for registration of a trade mark is made by a person who is an agent or representative of a person who is the proprietor of the mark in a Paris
registration
“registration” means, unless the context otherwise requires, registration in the register;
Convention country.
If the proprietor opposes the application, registration shall be refused.
If the application (not being so opposed) is granted, the proprietor may —
apply for a declaration of the invalidity of the registration;
or
apply for the rectification of the register so as to substitute his name as the proprietor of the registered trade mark.
The proprietor may (notwithstanding the rights conferred by this
Act in relation to a registered trade mark) restrain by injunction any use of the trade mark in Brunei Darussalam which is not authorised by him.
Trade Marks 54
Subsections (2), (3) and (4) do not apply if, or to the extent that, the agent or representative justifies his action.
Terms defined in s 2
Paris Convention country
Defined · s 2“Paris Convention country” means a country, other than Brunei Darussalam, which is a party to the Paris Convention;
register
Defined · s 2“register” means the Register of Trade Marks maintained by the Registrar under section 60(1);
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
Part 3
Part
Proceedings Relating to Importation of Infringing Goods
Part