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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 138

Action for infringement by authorised user
138. If an authorised user of a notified trade mark is an objector in relation
to any seized goods, the authorised user may start an action for the
infringement of the trade mark in respect of the goods within the required
period without first ascertaining whether the registered owner is willing to
bring the action. Note 1: For notified trade mark, objector and seized goods
see section 6. Note 2: For authorised user see section 8. Note 3: Under
paragraph 26(b) an authorised user of a trade mark may bring an action for
infringement of the trade mark only if the registered owner of the trade mark
refuses or neglects to do so. 

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