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Section 42: Invalidation

Patents, Industrial Designs And Trademarks Act · PART V: MARKS, COLLECTIVE MARKS, TRADE NAMES

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

42. Invalidation (1) Any interested person may apply to the Tribunal for an order invalidating the registration of a mark. [Issue 1] P4 – 25 Patents, Industrial Designs and Trademarks Act (2) The Tribunal may invalidate the registration where the person requesting the invalidation proves that any of the requirements of sections 35 and 36 has not been fulfilled. (3) Any invalidation of a registration of a mark shall be deemed to have been effective as of the date of registration, and it shall be recorded and a reference thereto published as soon as possible.

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