No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 95 INDUSTRIAL PROPERTY ACT, 2012 (3) An application for the invalidation of a registration of a trade mark, together with the statement setting out the ground or grounds on which the applicant relies, must be served on the owner of the trade mark in the prescribed manner. (4) The owner has the right to submit, in the prescribed manner, to the Tribunal, his or her reply to the application for the invalidation of the registration. (5) The parties must follow the procedure and submit such evidence as prescribed and the Tribunal must, taking into account the requirements of section 147, decide the matter and determine the relief, if any, to be granted. (6) If the Tribunal is satisfied that an amendment of the trade mark registration will remove the ground of invalidity, it may uphold the trade mark registration subject to such amendment and subject to such terms or conditions as it deems fit. (7) The final decision of the Tribunal must be notified to the Registrar who must record it and as soon as possible publish it in the bulletin. Effect of invalidation 180. Any order for the removal or invalidation of a registration or the entry on the register of an amendment or disclaimer relating to the registration of a mark must be deemed to have been effective (a) from the date of the application for such order; or (b) if the Registrar is satisfied that grounds for such order existed at an earlier date, such earlier date. Notification, recording and publication of surrender, removal or invalidation 181. A notice of any surrender, removal or invalidation of, or any amendment or disclaimer in respect of, a registered trade mark must be published in the bulletin by the Registrar as soon as possible after the respective order. PART 9 INFRINGEMENT Acts of infringement 182. The rights acquired by registration of a trade mark are infringed by - (a) the unauthorised use in the course of trade in relation to goods or services in respect of which the trade mark is registered, of an identical mark or of a mark so nearly resembling it as to be likely to deceive or cause confusion; (b) the unauthorised use of a mark which is identical or similar to the registered trade mark, in the course of trade in relation to goods or services which are so similar to the goods or services in respect of

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