s.45Grounds for invalidity of registration
45
Section 45Part 6 — SURRENDER, REVOCATION AND INVALIDITY

Grounds for invalidity of registration

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

45. (1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 23 but 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 which 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.
The registration of a trade mark may be declared invalid on the ground that there is —
an earlier trade mark in relation to which the conditions outlined in sections 25(1), (2) or (3) apply; or
an earlier right in relation to which the condition outlined in section 25(4) or (5) is satisfied.
An application for a declaration of invalidity may be made by any person to either the Registrar or to the Court, except that —
where proceedings concerning the trade mark in question are pending in the Court, the application shall be made to the Court; and
where in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court.
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.
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 those goods or services only.
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 on the condition that this declaration shall not affect transactions that are past and closed.
The registration of a trade mark shall not be declared invalid under this section without giving the proprietor of the trade mark an opportunity to be heard. Trade Marks Law, 2016 Section 46 c Law 31 of 2016 Page 29

Referenced By