1986 Ed.]
Trade Marks
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(b) a person has been permitted under section 22 to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use in relation to goods to be sold, or otherwise traded in, in the Colony (otherwise than for export from the Colony), or in relation to goods to be exported to that market, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark,
on application by that person to the Court or, at the option of the applicant and subject to the provisions of section 80, to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as the tribunal thinks proper for securing that that registration shall cease to extend to such use as last aforesaid.
(3) An applicant shall not be entitled to rely for the purposes of subsection (1)(b) or for the purposes of subsection (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods to which the application relates.
38. (1) Where under the provisions of this Ordinance use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as the tribunal thinks right, accept use of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall for the purposes of this Ordinance be deemed to be also use of any registered trade mark, being a part thereof, registered in the name of the same proprietor by virtue of section 25(1).
39. (1) The application in the Colony of a trade mark to goods to be exported from the Colony, and any other act done in the Colony in relation to goods to be so exported which, if done in relation to goods to be sold or otherwise traded in within the Colony, would constitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods for any purpose for which such use is material under this Ordinance or at common law.
(2) Subsection (1) shall be deemed to have effect in relation to an act done before, as it has effect in relation to an act done after, the commencement of this Ordinance.
40. The use of a registered trade mark in relation to goods between which and the person using it any form of connexion in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the trade mark has been, or is, used in relation to goods between which and that person
Use of one of associated trade marks equivalent to use of another.
1938 c. 22, s. 30.
Use of trade mark for export trade constitutes use of the trade mark.
1938 c. 22, s. 31.
1938 c. 22, THIRD SCHEDULE, Para. 6.
Use of trade mark after change in form of trade connexion.
1938 c. 22, s. 62.
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