CAP. 43]
Jointly owned
trade marks.
1938 c. 22, s. 63.
Prohibition of registration of trade mark
identical with or resembling a registered trade mark.
1938 c. 22, s. 12(1),
Applications for registration of identical or resembling trade marks.
1938 c. 22, s. 12(3).
Concurrent use. 1938 c. 22, s. 12(2).
Trade Marks
[1986 Ed.
(3) Where a trade mark is registered in respect of any goods under the power conferred by subsection (1) in the name of an applicant who relies on intention to assign to a corporation as aforesaid, then, unless within such period as may be prescribed, or within such further period not exceeding 6 months as the Registrar may on application being made to him in the prescribed manner allow, the corporation has been registered as the proprietor of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.
19. Where the relations between 2 or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except-
(a) on behalf of both or all of them, or
(b) in relation to an article with which both or all of them are
connected in the course of trade,
those persons may be registered as joint proprietors of the trade mark, and this Ordinance shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.
Subject as aforesaid, nothing in this Ordinance shall authorize the registration of 2 or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof.
IDENTICAL TRADE MARKS
20. Except as provided by section 22 no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion.
21. Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or, on an appeal, by the Court.
22. In case of honest concurrent use, or of other special circumstances which in the opinion of the Court or of the Registrar make it proper to do so, the Court or the Registrar may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the Court or the Registrar, as the case may be, may think it right to impose.
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Page 16
14
CAP. 43]
Jointly owned
trade marks.
1938 c. 22, s. 63.
Prohibition of registration of trade mark
identical with or resembling a registered trade mark.
1938 c. 22, s. 12(1),
Applications for registration of identical or resembling trade marks.
1938 c. 22, s. 12(3).
Concurrent use. 1938 c. 22, s. 12(2).
Trade Marks
[1986 Ed.
(3) Where a trade mark is registered in respect of any goods under the power conferred by subsection (1) in the name of an applicant who relies on intention to assign to a corporation as aforesaid, then, unless within such period as may be prescribed, or within such further period not exceeding 6 months as the Registrar may on application being made to him in the prescribed manner allow, the corporation has been registered as the proprietor of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.
19. Where the relations between 2 or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except-
(a) on behalf of both or all of them, or
(b) in relation to an article with which both or all of them are
connected in the course of trade,
those persons may be registered as joint proprietors of the trade mark, and this Ordinance shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.
Subject as aforesaid, nothing in this Ordinance shall authorize the registration of 2 or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof.
IDENTICAL TRADE MARKS
20. Except as provided by section 22 no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion.
21. Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or, on an appeal, by the Court.
22. In case of honest concurrent use, or of other special circumstances which in the opinion of the Court or of the Registrar make it proper to do so, the Court or the Registrar may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the Court or the Registrar, as the case may be, may think it right to impose.
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