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Trade Marks Act, 1999

146. Marks registered by an agent or representative without authority.-

If an agent or representative of the proprietor of a registered trade mark, without authority uses or attempts to register 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 favor.

Provided that such acting shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.

Trade Marks Act, 1999 Back

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