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(4) Subject to any agreement subsisting between the parties, a permitted user of a trademark is entitled to call upon the owner of the trademark to take proceedings to prevent infringement. (5) Where the owner refuses or neglects to take proceedings within two months after being called upon, the permitted user may institute proceedings for infringement in his or her own name as if he or she were the owner making the owner a defendant. Act 17 (ii) 48
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Act 17 Trademarks Act 2010 (6) An owner added as defendant is not liable for any costs unless he or she files a written statement of defence and takes part in the proceedings. (7) Where it is proposed that a person should be registered as a registered user of a trademark, the owner and the proposed registered user may apply to the registrar in the prescribed manner and shall furnish him or her with a statutory declaration made by the owner or by some person authorised to act on his or her behalf and approved by the registrar— (a) giving particulars of the relationship, existing or proposed, between the owner and the proposed registered user, including particulars showing the degree of control by the owner over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; (b) stating the goods or services in respect of which registration is proposed stating— (i) any conditions or restrictions proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use or to any other matter; (i) whether the permitted use is to be for a period or without limit of period and if for a period, the duration of the period, together with further documents, information or evidence as may be required by the regulations or by the registrar. (8) Where the requirements of subsection (7) have been complied with, if the registrar, after considering the information furnished to him or her under that subsection, is satisfied that in all the circumstances the use of the trademark in relation to the proposed goods or services or any of them by the proposed permitted user subject to any conditions or restrictions which the registrar thinks 49
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Act 17 Trademarks Act 2010 proper, would not be contrary to the public interest, the registrar may register the proposed registered user as a registered user in respect of the goods or services as to which he or she is satisfied. (9) The registrar shall refuse an application under subsection (6) if it appears to him or her that the grant of the application would tend to facilitate trafficking in a trademark. (10) The registrar shall, if required by an applicant, take steps for securing that the information given for the purposes of an application under subsection (7) other than the matter entered in the register is not disclosed to rivals in trade.
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