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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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