1862
Apportionment of marks on dissolution of partnership.
5 Edw. 7 c. 15 s. 23.
Associated trade marks. ib. s. 24.
Combined ib. s. 25.
No. 40 of 1909.
TRADE MARKS.
23. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a person ceases to carry on business, and the goodwill of such person does not pass to successor but is divided, the Registrar may (subject to the provisions of this Ordinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, as he may think necessary in the public interest. Any decision of the Registrar under this section shall be subject to appeal to the Court.
Associated Trade Marks.
24. If application is made for the registration of a trade mark so closely resembling a trade mark of the applicant already on the register for the same goods or description of goods as in the opinion of the Registrar to be calculated to deceive or cause confusion if used by a person other than the applicant, the Tribunal hearing the applicant may require as a condition of registration that such trade marks shall be entered on the register as associated trade marks.
25. 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 same as separate trade marks. Each such separate trade mark must satisfy all the conditions and shall have all the incidents of an independent trade mark, except that when registered it and the trade mark of which it forms a part shall be deemed to be associated trade marks and shall be entered on the register as such, but the user of the whole trade mark shall for the purposes of this Ordinance be deemed to be also a user of such registered trade marks belonging to the same proprietor as it contains.
Series of trade marks. ib. s. 26.
26. When a person claiming to be the proprietor of several trade marks for the same description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of—
(a) statements of the goods for which they are respectively used or proposed to be used; or
(b) statements of number, price, quality, or names of places; or
1862
Apportion-
ment of
marks on dissolution
of partner-
ship.
5 Edw. 7
c. 15 s. 23.
Associated
trade marks. ib. s. 24.
Combined
ib. s. 25.
No. 40 of 1909.
one
TRADE MARKS.
23. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a person ceases to carry on business, and the goodwill of such person does not pass to successor but is divided, the Registrar may (subject to the provisions of this Ordinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, as he may think necessary in the public interest. Any decision of the Registrar under this section shall be subject to appeal to the Court.
Associated Trade Marks.
24. If application is made for the registration of a trade mark so closely resembling a trade mark of the applicant already on the register for the same goods or description of goods as in the opinion of the Registrar to be calculated to deceive or cause confusion if used by a person other than the applicant, the Tribunal hearing the appplicant may require as a condition of registration that such trade marks shall be entered on the register as associated trade marks.
25. If the proprietor of a trade mark claims to be entitled to the trade marks. exclusive use of any portion of such trade mark separately, he may Each such apply to register the same as separate trade marks. separate trade mark must satisfy all the conditions and shall have all the incidents of an independent trade mark, except that when registered it and the trade mark of which it forms a part shall be deemed to be associated trade marks and shall be entered on the register as such, but the user of the whole trade mark shall for the purposes
of this Ordinance be deemed to be also a user of such re- gistered trade marks belonging to the same proprietor as it con- tains.
Series of trade marks. ib. s. 26.
26. When a person claiming to be the proprietor of several trade marks for the same description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of-
(a) statements of the goods for which they are respectively used or proposed to be used; or
(b) statements of number, price, quality, or names of places; or
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