Cap. 597 Art. 28Interveningrightas defence in infringement proceedings.

(1) In infringement proceedings, the proprietor of a trademark shall not be entitled to prohibit the use of a later registered mark where that later trademark would not be declared invalid pursuant to article 10, article 11(1) or (2) or article 53(3).

(2) In infringement proceedings, the proprietor of a trademark shall not be entitled to prohibit the use of a later registered EU trademark where that later trademark would not be declared invalid pursuant to Article 60(1), (3) or (4), 61(1) or (2) or 64(2) of Regulation

(EU) No. 2017/1001.

(3) Where the proprietor of a trademark is not entitled to prohibit the use of a later registered trademark pursuant to sub-article

(1) or (2), the proprietor of that later registered trademark shall not be entitled to prohibit the use of the earlier trademark in infringement proceedings, even though that earlier right may no longer be invoked against the later trademark.

Revocation of registered trademark rights