Cap. 597 · Trademarks Act (Cap. 597)
Cap. 597 чл. 53Non-use as a defence in proceedings seeking a declaration of invalidity.
PART II - REGISTERED TRADEMARKS
(1) In proceedings for a declaration of invalidity based on a registered trademark with an earlier filing date or priority date, if the proprietor of the later trademark so requests, the proprietor of the earlier trademark shall furnish proof that, during the five-year period preceding the date of the action for a declaration of invalidity, the earlier trademark has been put to genuine use, as provided for in article 26, in connection with the goods or services in respect of which it is registered and which are cited as justification for the action, or that there are proper reasons for non-use, provided that the registration process of the earlier trademark has at the date of the action for a declaration of invalidity been completed for not less than five years.
(2) Where, at the filing date or date of priority of the later trademark, the five-year period within which the earlier trademark was to have been put to genuine use, as provided for in article 26, had expired, the proprietor of the earlier trademark shall, in addition to the proof required under sub-article (1), furnish proof that the trademark was put to genuine use during the five-year period preceding the filing date or date of priority, or that proper reasons for non-use existed.
(3) In the absence of the proof referred to in sub-articles (1) and (2), an action for a declaration of invalidity on the basis of an earlier trademark shall be rejected.
(4) If the earlier trademark has been used in accordance with article 26 in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the action for a declaration of invalidity, be deemed to be registered in respect of that part of the goods or services only.
(5) Sub-articles (1) to (4) shall also apply where the earlier trademark is an EU trademark. In such a case, genuine use of the EU trademark shall be determined in accordance with Article 18 of Regulation (EU) No. 2017/1001.