TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 141 Notice of objection to importation

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 141

141.(1) The registered owner of a registered trade mark may, in accordance
with the regulations, give to the Comptroller a notice in writing objecting to
any importation of goods that infringes the trade mark. The notice is to be
given together with any prescribed document.

(2) If:

   (a)  the registered owner of the registered trade mark has not given a
        notice under subsection (1); or

   (b)  any notice given under subsection (1) is no longer in force; a
        registered user of the trade mark may, subject to any agreement
        between the user and the registered owner, ask the registered owner to
        give such a notice in respect of the trade mark.

(3) If the registered owner does not comply with the request within the
prescribed period, the registered user may, subject again to the agreement,
give the notice to the Comptroller.

(4) A notice given by the registered owner of a trade mark remains in force
for 2 years unless it is revoked before the end of that period by notice in
writing given to the Comptroller by that registered owner or a subsequent
registered owner of the trade mark.

(5) A notice given by a registered user of the trade mark remains in force for
2 years unless it is revoked before the end of that period by notice in
writing given to the Comptroller:

   (a)  if the registered user is authorised under the agreement referred to
        in subsection (2) to revoke the notice-by the registered user; or

   (b)  in any other case-by the registered owner of the trade mark.