Cap. 597 Art. 130Acts of agent or representative: Article 6septies.

(1) The following provisions apply where an application for registration of a trademark is made by a person who is an agent or representative of a person who is the proprietor of the mark in a Convention country.

(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) Sub-articles (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.

SECTION 2

The Madrid System for the International Registration of Trademarks