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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 26

Powers of authorised user of registered trade mark
26. (1) Subject to any agreement between the registered owner of a registered
trade mark and an authorised user of the trade mark, the authorised user may
do any of the following:

   (a)  the authorised user may use the trade mark in relation to the goods
        and/or services in respect of which the trade mark is registered,
        subject to any condition or limitation subject to which the trade mark
        is registered;

   (b)  the authorised user may (subject to subsection (2)) bring an action
        for infringement of the trade mark if the registered owner refuses or
        neglects to do so within the prescribed period;

   (c)  the authorised user may cause to be displayed on goods in respect of
        which the trade mark is registered, or on their package, or on the
        container in which they are offered to the public, a notice
        prohibiting any act that is under subsection 121(2) a prohibited act
        in relation to the goods;

   (d)  the authorised user may:

        (i)    give to the Comptroller a notice under section 132 objecting to
               the importation of goods that infringe the trade mark; or

        (ii)   revoke such a notice;

   (e)  an authorised user may give permission to any person:

        (i)    to alter or deface; or

        (ii)   to make any addition to; or

        (iii)  to remove, erase or obliterate, wholly or partly; a registered
               trade mark that is applied to any goods, or in relation to any
               goods or services, in respect of which the trade mark is
               registered;

   (f)  the authorised user may give permission to any person to apply the
        trade mark to goods, or in relation to goods or services, in respect
        of which the trade mark is registered. Note 1: For registered owner
        and registered trade mark see section 6. Note 2: For authorised user
        see section 8. Note 3: For what amounts to an infringement of a trade
        mark see Part 12. Note 4: For apply to and apply in relation to see
        section 9.

(2) If the authorised user brings an action for infringement of the trade
mark, the authorised user must make the registered owner of the trade mark a
defendant in the action. However, the registered owner is not liable for costs
if he or she does not take part in the proceedings. 


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