Section 10B Prohibition on the use of a trade mark registered in the name of an agent or representativeF1

(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.

Annotations

Textual amendments

F1: Ss. 10A, 10B inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 11 (with Pt. 5)