Trade Marks Act, 1999
146. Marks registered by an agent or
representative without authority.-
If an agent or representative of the
proprietor of a registered trade mark, without authority uses or attempts to
register the mark in his own name, the proprietor shall be entitled to oppose
the registration applied for or secure its cancellation or rectification of the
register so as to bring him as the registered proprietor of the said mark by
assignment in his favor.
Provided that such acting shall be taken within
three years of the registered proprietor of the trade mark becoming aware of
the conduct of the agent or representative.