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Section 146 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

146. Marks registered by an agent or representative without authority.—

 

If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour:

 

Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.

 

Comments

This section protects the rights of the proprietor of a trade mark. If his agent or representative attempts to register or registers the mark in his own name, without authority, the proprietor is entitled to oppose the application or to apply for rectification so as to bring him as the registered proprietor. The time within which such action has to be taken is three years from the date he is aware of the conduct of the agent.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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