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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 137
Action for infringement of trade mark
137. (1) An objector may bring an action for infringement of a notified trade
mark in respect of seized goods and give notice of it to the Comptroller:
(a) if paragraph (b) does not apply-within the period (notified period) of
10 working days specified in the notice given to the objector in
respect of the goods under section 134; or
(i) the objector has, before the end of the notified period,
applied in writing to the Comptroller for an extension of the
notified period; and
(ii) the Comptroller, being satisfied that in the circumstances of
the case it is fair and reasonable to do so, has extended the
notified period for a number of working days not exceeding 10;
within that period as so extended by the Comptroller. Note: For
objector, notified trade mark and seized goods see section 6.
(2) The court hearing the action:
(a) may, on the application of a person, allow the person to be joined as
a defendant to the action; and
(b) must allow the Comptroller to appear and be heard.
(3) In addition to any relief that the court may grant apart from this
section, the court may:
(a) at any time, if it thinks it just, order that the seized goods be
released to their designated owner subject to the conditions (if any)
that the court considers fit to impose; or
(b) order that the seized goods be forfeited to the Commonwealth. Note:
For seized goods and designated owner see section 6.
(a) the court decides that the trade mark was not infringed by the
importation of the goods; and
(b) the designated owner of the goods, or any other defendant, satisfies
the court that he or she has suffered loss or damage because the goods
were seized; the court may order the objector to pay to the designated
owner or other defendant compensation, in the amount determined by the
court, for any part of that loss or damage that is attributable to any
period beginning on or after the day on which the action was brought.
(5) If, after 3 weeks from the day on which the action was brought, there is
not in force at any time an order of the court preventing the goods from being
released, the Comptroller must release the goods to their designated owner.
(6) If the court orders that the goods be released, the Comptroller must,
subject to section 140, comply with the order.
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