Part IU.K. Registered trade marks

Effects of registered trade markU.K.

[F110BProhibition on the use of a trade mark registered in the name of an agent or representativeU.K.

(1)Subsection (2) applies where a trade mark is registered in the name of an agent or representative of a person (“P”) who is the proprietor of the trade mark, without P’s consent.

(2)Unless the agent or representative justifies the action mentioned in subsection (1), P may do either or both of the following—

(a)prevent the use of the trade mark by the agent or representative (notwithstanding the rights conferred by this Act in relation to a registered trade mark);

(b)apply for the rectification of the register so as to substitute P’s name as the proprietor of the registered trade mark.]

Textual Amendments

F1Ss. 10A, 10B inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 11 (with Pt. 5)