Section 28Part 3 — PART 3 - REGISTRATION
Earlier trade mark searches
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The Cabinet may by regulations provide for —
the carrying out by the Registrar of searches of earlier trade marks; and
the person by whom an application for a declaration of invalidity may be made on the grounds specified in sections45(2).
Regulations under subsection (1)(a) may direct that the provisions of section 15 that require a search to be a carried out shall cease to have effect.
Regulations making such provisions under subsection (1)(b) may provide that the provisions of section 45(3) that provide that any person may make an application for a declaration of invalidity shall have effect subject to the provisions of the order.
Regulations under this section may contain such transitional provisions as appear to the Cabinet to be appropriate.
Cross References
- Section 15 of Trade Marks Act
examination of application and search requirements
- Section 45 of Trade Marks Act
declaration of invalidity