Trade Marks Ordinance, 2001 — section 80

80. Grounds for invalidity of registration..—_(1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 14 or any of the provisions thereof.

(2)Where the trade mark was registered in breach of clause (b). (c) or (d) of sub-section (1) of section 14, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.

(3)The registration of a trade mark may be invalid on the ground that there is

(a)an earlier trade mark in relation to which the conditions set out in subsection (1), (2) or (3) of section 17 obtain; or

(b)an earlier right in relation to which the condition set out in sub-section (4) of section 17 is satisfied, 1 Subs. by Act No. LVIII of 2023, s.32. unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.

(4)An application for declaration of invalidity may be made by an interested party either to the Registrar or to the High Court 1[* * *], except that

(a)if proceedings concerning the trade mark in question are pending in the High Court 1[* * *], the application shall be make to the High Court 1[* * *]; and

(b)in any other case, if the application has been made to the Registrar, he may at any stage of the proceedings refer the application to the High Court 1[* * *].

(5)1[* * * * * * *]

(6)Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.

(7)Where the registration of a trade mark has been declared invalid to any extent, the registration shall to that extent be deemed never to have been made provided that this shall not affect the transactions past and closed.