So someone (can be anyone!) would need send the SRT a letter/email which includes details of what amendment (so in this case the design to be changed or removed) they would like to take place which would then be shared with the registrant of the a particular tartan. They would then be given an opportunity to respond and the Keeper would make a decision on what happens with it.
Key to any successful challenge is evidence of use at an earlier date, not just hearsay.
This process is a revision to the original interpretation of the Act by the SRT where they would only consider tartans actually registered with them. In effect, if it wasn’t registered, it didn’t exist in their eyes. This was patent nonsense but it took me quite some time to see the light and understand that, whilst the SRT has no legal standing in terms of protection, they could not knowingly register a design that already exist whether it was on the register or not.
Thank you Peter for that. Yes, the thought did occur to me that the type of discussion demonstrated here ahead of my theoretical question might/could eventually lead to difficulties for certain parties and my mind wandered ahead to possible future events that hopefully will not happen.
Last edited by Jock Scot; 19th September 21 at 01:07 AM.
" Rules are for the guidance of wise men and the adherence of idle minds and minor tyrants". Field Marshal Lord Slim.
Originally Posted by Jock Scot
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