Cap. 416 чл. 43Grounds for invalidity of registration.

(1) The registration of a trademark may be declared invalid on the ground that the trademark was registered in breach of article 4 or any of the provisions referred to in that article.

Where the trademark was registered in breach of sub-article

(1)(b), (c) or (d) of that article, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.

(2) The registration of a trademark may, unless the proprietor of that earlier trademark or other earlier right has consented to the registration, be declared invalid on the ground -

(a) that there is an earlier trademark in relation to which the conditions set out in article 6 (1), (2) or (3) obtain, or

(b) that there is an earlier right in relation to which the condition set out in article 6(4) is satisfied.

(3) An application for a declaration of invalidity may be made by any person, by sworn application before the First Hall of the Civil Court.

(4) In the case of bad faith in the registration of a trademark, the Comptroller himself may apply to the Court for a declaration of the invalidity of the registration.

(5) Where the grounds of invalidity exist in respect of only some of the goods or services for which the trademark is registered, the trademark shall be declared invalid with regard to those goods or services only.

(6) Where the registration of a trademark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made: Provided that this shall not affect transactions past and closed.