Revised Laws of Saint Lucia (2021)

115.   Notice of objection to importation

  1.  

    (1)   The registered owner of a registered trade mark may give to the Comptroller a notice in the form prescribed objecting to the importation after the date of the notice of goods that infringe the trade mark.

  1.  

    (2)   If—

    1.  

      (a)     the registered owner of the registered trade mark has not given a notice under subsection (1); or

    1.  

      (b)     any notice given under subsection (1) is no longer in force,

  1.  

    an authorised user of the trade mark having power to give a notice under subsection (1) may ask the registered owner to give such a notice in respect of the trade mark.

  1.  

    (3)   If the registered owner does not comply with the request within the prescribed period, the authorised user may give the notice to the Comptroller together with—

    1.  

      (a)     any document prescribed for the purposes of subsection (1); and

    1.  

      (b)     any other prescribed document.

  1.  

    (4)   A notice given by the registered owner of a trade mark remains in force for 2 years from the day on which the notice is given unless it is revoked, before the end of that period, by notice in writing given to the Comptroller by the person who is then the registered owner of the trade mark.

  1.  

    (5)   A notice given by an authorised user of the trade mark remains in force for 2 years unless it is revoked, before the end of that period, by notice in writing given to the Comptroller—

    1.  

      (a)     if the authorised user has power to revoke the notice, by the authorised user; or

    1.  

      (b)     in any other case, by the person who is then the registered owner of the trade mark.