1866
No. 40 of 1909.
Powers of registered proprietor. 5 Edw. 7 c. 15 s. 38.
Rights of proprietor of trade mark. ib. s. 39.
Registration to be primâ facie evidence of validity. ib. s. 40.
Registration to be conclusive after 7 years. ib. s. 41.
TRADE MARKS.
cumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods.
Effect of Registration.
38. Subject to the provisions of this Ordinance,-
(1) the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any consideration for such assignment;
(2) any equities in respect of a trade mark may be enforced in like manner as in respect of any other property.
39. Subject to the provisions of section 41 and to any limitations and conditions entered upon the register, the registration of a person as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connection with the goods in respect of which it is registered: Provided always, that where two or more persons are registered proprietors of the same (or substantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall, except so far as their respective rights shall have been defined by the Court, be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.
40. In all legal proceedings relating to a registered trade mark (including applications under section 35), the fact that a person is registered as proprietor of such trade mark shall be primâ facie evidence of the validity of the original registration of such trade mark and of all subsequent assignments and transmissions of the same.
41. In all legal proceedings relating to a registered trade mark (including applications under section 35), the original registration of such trade mark shall after the expiration of 7 years from the date of such original registration (or 7 years from the passing of this Ordinance, whichever shall last happen) be taken to be valid
* As amended by No. 43 of 1912 Supp. Sched.