TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 112 Invalidity

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 112

112.(1) If the assignment of a trade mark has been recorded either in the
Register or elsewhere, the assignment may not be declared to be invalid unless
a court action seeking the declaration was started within the period of 3
years after the day on which the application for the assignment to be recorded
was filed.

(2) The assignment of a registered trade mark may not be declared to be
invalid if the assignee establishes that, at the time when the action was
started, the trade mark did in fact distinguish the assignee's goods or
services from:

   (a)  if the trade mark is registered subject to the condition that the use
        of the trade mark is to be restricted to a particular area-the goods
        or services of other persons in that area; or

   (b)  if paragraph (a) does not apply-the goods or services of all other
        persons.