s.26Raising of relative grounds in case of honest concurrent use
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Section 26Part 3 — PART 3 - REGISTRATION

Raising of relative grounds in case of honest concurrent use

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This section applies where on an application for the registration of a trade mark it appears to the Registrar that —
there is an earlier trade mark in relation to which the conditions set out in sections 25(1) through (3) obtain; or
there is an earlier right in relation to which the condition set out in section 25(4) is satisfied,
but the applicant shows, to the satisfaction of the Registrar, that there has been honest concurrent use of the trade mark for which registration is sought.
The Registrar shall not refuse an application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right.
For the purposes of this section, "honest concurrent use" means such use in the Islands by the applicant or use with the applicant's consent, at the same time that use is made by the proprietor of the earlier trade mark.
Nothing in this section affects —
the refusal of registration on the grounds mentioned in section 23; or
the making of an application for a declaration of invalidity under section 45(2).

Defined Terms

honest concurrent use

Cross References