Cap. 597 чл. 52Procedure for revocation or declaration of invalidity.

(1) Without prejudice to the right of the parties to seek recourse to the courts, the revocation or declaration of invalidity of a registered trademark may be brought before the Comptroller as provided for under this Act or by sworn application to be filed in the First Hall of the Civil Court:

Provided that invalidity and revocation proceedings may only be initiated before the Comptroller as from 14th January 2023 or any date before as may be prescribed by the Minister.

(2) An action for revocation of a registered trademark shall be brought on any one or more of the grounds provided for in articles 29 and 30.

(3) An action for declaration of invalidity of a registered trademark shall be brought on:

(a) any one or more of the grounds provided for in article 5; and, or

(b) any one or more of the grounds provided for in article 6:

Provided that it shall only be possible to bring an action for declaration of invalidity of a registered trademark before the Comptroller on any one or more of the grounds of article 5 and article 6(1) to (3).

(4) An action for revocation or for a declaration of invalidity of a registered trademark before the Comptroller may only be filed:

(a) in the case of sub-articles (2) and (3)(a), by any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, and which, under the terms of the law governing it, has the capacity to sue in its own name and to be sued;

(b) in the case of sub-article (3)(b), by the proprietor of an earlier trademark as referred to in article 6(2) and article 6(3)(a), and the person authorised under the relevant law to exercise the rights arising from a protected designation of origin or geographical indication as referred to in article 6(3)(c).

(5) An action for revocation or for a declaration of invalidity may be directed against a part or the totality of the goods or services in respect of which the contested mark is registered.

(6) An action for a declaration of invalidity may be filed on the basis of one or more earlier rights, provided they all belong to the same proprietor.

(7) If an action for invalidity or revocation has been brought before the Comptroller, it shall not be possible to file for an action on the same grounds before the First Hall of the Civil Court after the proceedings before the Comptroller have been concluded:

Provided that, when a person brings an action for invalidity or revocation before the Comptroller, at any stage before the proceedings are concluded, that person may bring an action for invalidity or revocation on the same grounds before the First Hall of the Civil Court as a result of which the proceedings before the Comptroller will discontinue:

Provided further that if an action for invalidity or revocation has been brought before the First Hall of the Civil Court, it shall not be possible to file for an action on the same grounds before the Comptroller.