Trade Marks Act, 1996
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Business to be carried on only by registered trade mark agents &c. |
85.—(1) Subject to the provisions of this section, an individual who is not a registered trade mark agent shall not— | |
(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words “registered trade mark agent”, or | ||
(b) in the course of a business otherwise describe or hold himself out, or permit himself to be described or held out, as a registered trade mark agent. | ||
(2) A partnership shall not— | ||
(a) carry on a business under any name or other description which contains the words “registered trade mark agent”, or | ||
(b) in the course of a business otherwise describe or hold itself out or permit itself to be described or held out, as a firm of registered trade mark agents, | ||
unless all the partners are registered trade mark agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section. | ||
(3) A body corporate shall not— | ||
(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words “registered trade mark agent”, or | ||
(b) in the course of a business otherwise describe or hold itself out, or permit itself to be described or held out, as a registered trade mark agent, | ||
unless all the directors of the body corporate and any manager who is not also a director are registered trade mark agents or the body satisfies such conditions as may be prescribed for the purposes of this section. | ||
(4) With a view to the fulfilment by the Government on behalf of the State of any international agreement to which the State is a party, the Minister may permit any person who is not a registered trade mark agent but who is a citizen of a state which is also a party to that international agreement, upon application made by that person, to act on behalf of others in relation to trade marks subject to any conditions that the Minister considers appropriate. | ||
(5) The legal personal representative of a deceased registered trade mark agent may carry on the business or practice of the deceased agent for a period not exceeding three years from the agent's death, or for such further period (if any) as the Court allows if the personal representative— | ||
(a) is authorised by the Court to manage the business or practice; or | ||
(b) employs another person who is so authorised to manage the business or practice on behalf of the personal representative. | ||
(6) Any person who contravenes any provision of this section shall be liable on summary conviction to a fine not exceeding £500 in the case of a first offence and, in the case of a second or subsequent offence, £1,000; and, notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for an offence under this section may be commenced at any time within twelve months from the date of the offence. | ||
(7) Nothing in this Act shall be construed as prohibiting solicitors or barristers from taking such part in proceedings under this Act as has heretofore been taken by solicitors or barristers in connection with a trade mark or any procedure relating to a trade mark or the registration thereof. | ||
(8) A registered trade mark agent shall not be guilty of an offence under section 58 of the Solicitors Act, 1954 (which prohibits the preparation for reward of certain instruments by persons not legally qualified), by reason only of the preparation by the agent of— | ||
(a) a deed assigning the property in a trade mark application or trade mark; or | ||
(b) any document (not being a deed) for use in proceedings under this Act before the Controller or the Court. | ||
(9) No offence is committed under any enactment restricting the use of certain expressions in reference to any person not qualified to act as a solicitor by use of the term “Community Trade Mark Attorney” in reference to a Registered Trade Mark Agent. |