Trade Marks Ordinance, 2001 — section 90

90. Acts of agent or representative..—_(1) Where an application for registration of a trade mark is made by a person who is an importer, or an agent not being an agent under section 128, or a representative of a person who is the proprietor of the mark in a Convention country, then

(a)if the proprietor opposes the application, registration shall be refused; or

(b)if the application, not being so opposed, is granted, the proprietor may

(i)apply for the declaration of the invalidity of the registration; or

(ii)apply for the rectification of the Register so as to substitute his name as the proprietor of the registered trade mark.

(2)The proprietor may notwithstanding the rights conferred by this Ordinance, in relation to a registered trade mark, by injunction restrain any use of the trade mark in Pakistan which is not authorised by him.

(3)The provisions of sub-section (1) or (2) shall not apply if, or to extent that, the agent or representative justifies his action.

(4)An application under clause (a) or (b) of sub-section (1) shall be made within three years of the proprietor becoming aware of the registration, and no injunction shall be granted under sub section (2) in respect of a use in which the proprietor has acquiesced for a continuous period of three years or more.