Cap. 416 чл. 53Notification under Article 6ter of the Convention.

(1) For the purposes of article 51 State emblems of a

Convention country (other than the national flag), and official signs or hallmarks, shall be regarded as protected under the Paris Convention only if, or to the extent that -

(a) the country in question has notified Malta in accordance with Article 6ter(3) of the Convention that it desires to protect that emblem, sign or hallmark,

(b) the notification remains in force, and

(c) Malta has not objected to it in accordance with Article 6ter(4) or any such objection has been withdrawn.

(2) For the purposes of article 52 the emblems, abbreviations and names of an international organisation shall be regarded as protected under the Paris Convention only if, or to the extent that -

(a) the organisation in question has notified Malta in accordance with Article 6ter(3) of the Convention that it desires to protect that emblem, abbreviation or name,

(b) the notification remains in force, and

(c) Malta has not objected to it in accordance with Article 6ter (4) or any such objection has been withdrawn.

(3) Notification under Article 6ter (3) of the Paris Convention shall have effect only in relation to applications for registration made more than two months after the receipt of the notification.

(4) The Comptroller shall keep and make available for public inspection by any person, as prescribed in the regulations, a list of the state emblems and official signs or hallmarks, and the emblems, abbreviations and names of international organisations, which are for the time being protected under the Paris Convention by virtue of notification under Article 6ter (3).

(2) The proprietor may by sworn application before the First Hall of the Civil Court -

(i) demand a declaration of invalidity of the registration, or

(ii) demand the rectification of the register so as to substitute his name as the proprietor of the registered trademark.

(3) The proprietor may restrain any use of the trademark in Malta which is not authorised by him.

(4) Subarticles (2) and (3) shall not apply if, or to the extent that, the agent or representative shows that his actions were authorised by the proprietor.

(5) An application under sub-article (2) must be made within three years of the proprietor becoming aware of the registration; and no injunction shall be granted under sub-article (3) in respect of a use in which the proprietor has acquiesced for a continuous period of three years or more.