TRADE MARKS ACT 1995 - SECT 138 Action for infringement by authorised user

TRADE MARKS ACT 1995 - SECT 138

    If an authorised user of a notified trade mark is an objector in relation to any seized goods, the authorised user may start an action for the infringement of the trade mark in respect of the goods within the required period without first ascertaining whether the registered owner is willing to bring the action.

Note 1:   For notified trade mark , objector and seized goods see section   6.

Note 2:   For authorised user see section   8.

Note 3:   Under paragraph   26(1)(b) an authorised user of a trade mark may bring an action for infringement of the trade mark only if the registered owner of the trade mark gives consent to the bringing of such an action or refuses or fails to bring such an action.