TRADE MARKS.
No. 40 of 1909.
1807
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.
5 Edw. 7, c. 15, s. 24.
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.
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—
(1) statements of the goods for which they are respectively used or proposed to be used; or
(2) statements of number, price, quality, or names of places; or
(3) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or
(4) colour,
seeks to register such trade marks, they may be registered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.
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TRADE MARKS.
No. 40 of 1909.
1807
Associated trade marks.
trade marks.
24. If application is made for the registration of a trade Associated mark so closely resembling a trade mark of the applicant 7. already on the Register for the same goods or description of c. 15, s. 24. 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.
5 Edw. 7,
25. If the proprietor of a trade mark claims to be entitled Combined to the exclusive use of any portion of such trade mark trade marks. separately, he may apply to register the same as separate c. 15, s. 25. 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.
26. When a person claiming to be the proprietor of Series of several trade marks for the same description of goods which, trade marks. while resembling each other in the material particulars c. 15, s. 26. thereof, yet differ in respect of—
(1) statements of the goods for which they are respectively used or proposed to be used; or
(2) statements of number, price, quality, or names of places; or
(3) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or
(4) colour,
seeks to register such trade marks, they may be registered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.
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