16
1938 c. 22, s. 23(3),
Series of trade marks.
1938 c. 22, s. 21(2).
1938 c. 22, s. 23(4),
Right given by registration in Part A, and infringement thereof.
1938 c. 22, s. 4.
CAP. 43]
Trade Marks
[1986 Ed.
(2) Where a trade mark and any part or parts thereof are thus registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.
26. (1) Where a person claiming to be the proprietor of several trade marks, for the same goods or description of goods, which, while resembling each other in the material particulars thereof, differ in respect of-
(a) statements of the goods in relation to which they are respectively used or proposed to be used; or
(b) statements of number, price, quality or names of places; or
(c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or
(d) colour,
seeks to register such trade marks, they may be registered as a series in one registration.
(2) All trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.
EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT
27. (1) Subject to the provisions of subsections (2) to (4) hereof, and of sections 33 and 34, the registration (whether before or after the commencement of this Ordinance) of a person in Part A of the register as proprietor of a trade mark (other than a certification trade mark) in respect of any goods shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to those goods and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either-
(a) as being use as a trade mark; or
(b) in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or as registered user to use the trade mark or to goods with which such a person as aforesaid is connected in the course of trade.
(2) The right to the use of a trade mark given by registration as aforesaid shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of