Trademarks

The registration of a trade mark requires any person, other than the registered owner, who wishes to use the mark, to obtain the consent of this owner. Furthermore, the registered owner of a mark is granted the right to institute court proceedings against any person who infringes the mark by using the mark without the agreement of the owner. Any person may apply to the court for a registered mark to be taken off the register if the proprietor or his predecessor in title had no “bona fide” intention to use the mark when applying for registration and has indeed not used such mark; or if there was no “bona fide” use of such mark during the specified period immediately preceding the application. A mark will not be expunged if the non-use is shown to be due to special circumstances in the trade.