Revised Laws of Saint Lucia (2021)

10.   Powers of authorised user of registered trade mark

  1.  

    (1)   Subject to any agreement between the registered owner of a registered trade mark and an authorised user of the trade mark, the authorised user may—

    1.  

      (a)     use the trade mark in relation to the goods or services or both, in respect of which the trade mark is registered, subject to any condition or limitation subject to which the trade mark is registered;

    1.  

      (b)     subject to subsection (2), bring an action for infringement of the trade mark if the registered owner refuses or neglects to do so within the prescribed period;

    1.  

      (c)     cause to be displayed on goods in respect of which the trade mark is registered, or on their package, or on the container in which they are offered to the public, a notice prohibiting any act that is under section 105(2) a prohibited act in relation to the goods;

    1.  

      (d)     either—

      1.  

        (i)     give to the Comptroller a notice under section 115 objecting to the importation of goods that infringe the trade mark, or

      1.  

        (ii)     revoke a notice given under subparagraph (i);

    1.  

      (e)     give permission to any person—

      1.  

        (i)     to make any addition to, or

      1.  

        (ii)     to remove, erase or obliterate, wholly or partly,

    1.  

      a registered trade mark that is applied to any goods, or in relation to any goods or services, in respect of which the trade mark is registered;

    1.  

      (f)     give permission to any person to apply the trade mark to goods, or in relation to goods or services, in respect of which the trade mark is registered.

  1.  

    (2)   Subject to subsection (3), if the authorised user of a trade mark brings an action for infringement of the trade mark, the authorised user shall make the registered owner of the trade mark a defendant in the action.

  1.  

    (3)   The registered owner is not liable for costs if he or she does not take part in the proceedings for an action brought under subsection (2).