Invalidity of registration of trade marks

73 Invalidity of registration of trade mark

(1)

The Commissioner or the court may, on the application of an aggrieved person (which includes a person who is culturally aggrieved), declare that the registration of a trade mark is invalid to the extent that the trade mark was not registrable under Part 2 at the deemed date of its registration.

(2)

Despite subsection (1), the registration of a trade mark that has acquired a distinctive character after its registration must not be declared invalid even though the trade mark was not registrable under section 18(1)(b), (c), or (d) at the deemed date of its registration.

(3)

The Commissioner or the court, as the case may be, may refuse any application for a declaration of invalidity that is vexatious.