LawgistThe Trade Marks Act
146Marks registered by an agent or representative without authority
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.
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MISCELLANEOUS
- 122 Protection of action taken in good faith
- 123 Certain persons to be public servants
- 124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc
- 125 Application for rectification of register to be made to Appellate Board in certain cases
- 126 Implied warranty on sale of marked goods
- 127 Powers of Registrar
- 128 Exercise of discretionary power by Registrar
- 129 Evidence before Registrar
- 130 Death of party to a proceeding
- 131 Extension of time
- 132 Abandonment
- 133 Preliminary advice by the Registrar as to distinctiveness
- 134 Suit for infringement, etc., to be instituted before District Court
- 135 Relief in suits for infringement or for passing off
- 136 Registered user to be impleaded in certain proceedings
- 137 Evidence of entries in register, etc., and things done by the Registrar
- 138 Registrar and other officers not compellable to produce register, etc
- 139 Power to require goods to show indication of origin
- 140 Power to require information of imported goods bearing false trade marks
- 141 Certificate of validity
- 142 Groundless threats of legal proceedings
- 143 Address for service
- 144 Trade usages, etc., to be taken into consideration
- 145 Agents
- 146 Marks registered by an agent or representative without authority
- 147 Indexes
- 148 Documents open to public inspection
- 149 Reports of Registrar to be placed before Parliament
- 150 Fees and surcharge
- 151 Savings in respect of certain matters in Chapter XII
- 152 Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
- 153 Government to be bound
- 154 Special provisions relating to applications for registration from citizens of convention countries
- 155 Provision as to reciprocity
- 156 Power of Central Government to remove difficulties
- 157 Power to make rules
- 158 Amendments
- 159 Repeal and savings
