Section 146
Marks registered by an agent or representative without authority.
About this Act
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
If an agent or a
representative of the proprietor of a registered trade mark, without authority uses or attempts to register or
registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for
or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of
the said mark by assignment in his favour:
Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.
Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.