TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 58 Applicant not owner of trade mark

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 58

58.(1) Subject to subsection (2), the registration of a trade mark may be
opposed on the ground that the applicant is not the owner of the trade mark.

(2) The opposition fails if:

   (a)  in order to establish that the applicant is not the owner of the trade
        mark, the opponent relies on the fact that another person used the
        trade mark at an earlier time than the applicant; and

   (b)  the applicant establishes that:

        (i)    the application was filed with the consent or approval of the
               other person; and

        (ii)   as at the filing date in respect of the application, the other
               person had ceased to use the trade mark.