Combined trade murks.
Series of trade marks.
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as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by another person in relation to any of the goods in respect of which it is registered, and he may amend the register accordingly.
(3) Any decision of the Registrar under the provisions of subsections (1) and (2) shall be subject to appeal to the Court.
25. (r) If the proprietor of a trade mark claims to be entitled to the exclusive use of any portion of such trade mark separately, he may apply to register the whole and any such part as separate trade marks. Each such separate trade mark must satisfy all the conditions of an independent trade mark and shall, subject to the provisions of subsection (a) hereof and subsection (2) of section 38, have all the incidents of an independent trade mark.
(3) When 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. (0) When 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.
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Effect of registration and the action for infringement.
27. (1) Subject to the provisions of subsections (2) to (4) Right hereof, and of sections 33 and 34, the registration (whether before given by
registration or after the commencement of this Ordinance) of a person in in Part A.
and in- Part A of the register as proprietor of a trade mark (other than fringement a certification trade mark) in respect of any goods shall, if valid, thereof, 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 con- fusion 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 pro- prietor or as registered user to use the trade mark or to goods with which such a person as aforesaid is con- nected in the course of trade.
(2) The right to the use of a trade mark given by registra- tion 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 any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in în any place, in relation to goods to be exported to any market, or in any other circumstances, to which, having regard to any such limitations, the registration does not extend.
(3) The right to the use of a trade mark given by registra- tion as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person-
(a) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk of which they form part, the proprietor or the registered user conforming to the per- mitted use has applied the trade mark and has not sub-
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