94 Trade Marks

• Author: Ralph Hone
• Pages: #3

[CH.94. 1459CHAPTER 94.

TRADE MARKS.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

PART I.

REGISTRATION OF TRADE MARKS.

2. INTERPRETATION.

3. REGISTER OF TRADE MARKS.

4. TRUST NOT TO BE ENTERED ON REGISTER.

5. INSPECTION OF AND EXTRACT FROM REGISTER.

6. TRADE MARK MUST BE FOR PARTICULAR GOODS.

7. REGISTRABLE TRADE MARKS.

8. COLOURED TRADE MARKS.

9. RESTRICTION ON REGISTRATION.

10. APPLICATION FOR REGISTRATION.

11. ADVERTISEMENT OF APPLICATION.

12. OPPOSITION TO REGISTRATION.

13. DISCLAIMERS.

14. DATE OF REGISTRATION.

15. CERTIFICATE OF REGISTRATION.

16. NON-COMPLETION OP REGISTRATION.

17. IDENTICAL TRADE MARKS.

18. RIVAL CLAIMS TO IDENTICAL MARKS.

19. CONCURRENT USER.

20. ASSIGNMENT AND TRANSMISSION OF TRADE MARKS.

21. APPORTIONMENT OF MARKS ON DISSOLUTION OF PARTNERSHIP.

22. ASSOCIATED TRADE MARKS.

23. COMBINED TRADE MARKS.

24. SERIES OF TRADE MARKS.

25. ASSIGNMENT AND USER OF ASSOCIATED TRADE MARKS.

26. DURATION OF REGISTRATION.

27. RENEWAL OF REGISTRATION.

28. PROCEDURE ON EXPIRY OF PERIOD OF REGISTRATION.

29. STATUS OF UNRENEWED TRADE MARK.

30. CORRECTION OF REGISTER.

31. REGISTRATION OF ASSIGNMENT, ETC.

32. ALTERATION OF REGISTERED TRADE MARK.

33. RECTIFICATION OF REGISTER.

34. NON-USER OF TRADE MARK.

35. DEFENSIVE REGISTRATION OF WELL KNOWN TRADE MARKS.

36. REGISTERED USERS.

SECTION.

37. CERTIFICATION TRADE MARKS.

38. POWERS OF REGISTERED PROPRIETOR.

39. RIGHTS OF PROPRIETOR OF TRADE MARK.

40. REGISTRATION TO BE prima facie EVIDENCE OF VALIDITY.

41. REGISTRATION TO BE CONCLUSIVE AFTER SEVEN YEARS.

42. UNREGISTERED TRADE MARK.

43. INFRINGEMENT.

44. USER OF NAME, ADDRESS OR DESCRIPTION OF GOODS.

45. 'PASSING OFF' ACTION.

46. CERTIFICATE OF VALIDITY.

47. REGISTRAR TO HAVE NOTICE OF PROCEEDINGS FOR RECTIFICATION.

48. COSTS OF PROCEEDINGS BEFORE THE COURT.

49. MODE OF GIVING EVIDENCE.

50. SEALED COPIES TO BE EVIDENCE.

51. CERTIFICATE OF REGISTRAR TO BE EVIDENCE.

PART II.

PROCEDURE RELATING TO TRADE MARKS.

52. EXERCISE OF DISCRETIONARY POWER BY REGISTRAR.

53. APPEAL FROM REGISTRAR.

54. RECOGNITION OF AGENTS.

55. REGISTRAR MAY TAKE DIRECTIONS OF ATTORNEY GENERAL.

56. POWER TO MAKE RULES.

57. FEES.

58. STANDARDISATION, ETC., TRADE MARKS.

59. FALSIFICATION OF ENTRIES IN REGISTER.

60. PENALTY ON FALSELY REPRESENTING A TRADE MARK.

61. RIGHT TO REGISTER TRADE MARK REGISTERED IN ENGLAND.

PART III.

PROTECTION OF TRADE MARKS.

62. FORGING OR FALSELY APPLYING TRADE MARKS.

63. SELLING GOODS TO WHICH FALSE TRADE MARK APPLIED.

64. FORGING TRADE MARKS.

65. APPLYING TRADE MARKS.

66. FALSELY APPLYING TRADE MARKS.

67. PROTECTION OF SERVANTS ACTING IN GOOD FAITH.

68. PUNISHMENT OF OFFENCE AGAINST ACT.

CHAPTER 94.

TRADE MARKS.

AN ACT FOR THE REGISTRATION AND PROTECTION OF 6 of 1906.

TRADE MARKS. 7 of 1959.

1964.

43 of 1964.

[29th May 1906. 46 of 1964.

1. This Act may be cited as The Trade Marks Short title.

Act.

PART I.

REGISTRATION OF TRADE MARKS.

2. In this Act, unless the context otherwise Interpretation.

requires'court' means the Supreme Court, and includes a Judge sitting in chambers;

'covering' includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper;

'goods' means anything which- is the subject of trade, manufacture or merchandise;

'label' includes any band or ticket;

'mark' includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;

'prescribed' means, in relation to proceedings before the court, prescribed by rules of court, and, in other cases, prescribed by this Act or the rules thereunder;

'register' means the register of trade marks kept under the provisions of this Act;

'registered trade mark' means a trade mark which is actually upon the register;

'registrable trade mark' means a trade mark which is capable of registration under, the provisions of this Act;

'Registrar' means the Registrar General;

'trade mark' means a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with or offering for sale.

Register of 3. There shall be kept at the Registry of Records trade marks. for the purposes of this Act a book called the Register of Trade Marks, wherein shall be entered all registered trade marks, with the names and addresses of their proprietors, notifications of assignments and transmissions, disclaimers, conditions, limitations and such other matters relating to such trade marks as may from time to time be prescribed. The register shall be kept under the control and.management of the Registrar.

Trust not to be 4. There shall not be entered in the register any entered on register. notice of any trust expressed, implied or constructive, nor shall any such notice be receivable by the Registrar.

Inspection of 5. The register kept under this Act shall at all extract from register. convenient times be open to the inspection of the public, subject to such rules as may be prescribed; and certified copies, sealed with the seal of the office, of any entry in such register shall be given to any person requiring the same on payment of the prescribed fee.

Trade mark 6. A trade mark must be registered in respect of must be for particular particular goods or classes of goods.

goods.

Registrable 7. A registrable trade mark must contain or contrade marks. sist of at least one of the following essential particulars: -(a) the name of a company, individual or firm represented in a special or particular manner;

(b) the signature of the applicant for registration or some predecessor in his business;

(c) an invented word or invented words;

(d) a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;

(e) any other distinctive mark, but a name, signature, or word or words, other than such as fall within the descriptions in the above paragraphs (a)

ICH.94. 1463 to (d), shall not, except by order of the court, be deemed a distinctive mark.

For the purposes of this section 'distinctive' shall mean adapted to distinguish the goods of the proprietor of the trade mark from those of other persons.

In determining whether a trade mark is so adapted, the Registrar may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.

8. A trade mark may be limited in whole or in part to one or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by the Registrar having to decide on the distinctive character of such trade mark. If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.

9. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would by reason of its being calculated to deceive or otherwise be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.

10.--(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner.

(2) Subject to the provisions of this Act, the Registrar may refuse such application, or may accept it absolutely or subject to conditions, amendments or modifications.

(3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials'used by him in arriving at the same, and such decision shall be subject to appeal to the court at the option of the applicant.

(4) An appeal under this section shall be made in the prescribed manner, and on such appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and 43 of 1964, Third Schd.

Coloured trade marks.

43 of 1964, Third Schd.

Restriction on registration.

Application for registration.

Advertisement of application.

Opposition to registration.

subject to what conditions, amendments and modifications, if any, the application is to be accepted.

(5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the court hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to:

withdraw his application without payment of costs on giving notice as prescribed.

(6) The Registrar or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as may be thought fit.

11. When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions, the Registrar shall, as soon as may be after such acceptance, cause the application as accepted to be advertised in the prescribed manner.

Such advertisement shall set forth all conditions subject to which the application has been accepted.

12.-(1) Any person may, within the prescribed time from the date of the advertisement of an application for the registration of a trade mark, give notice to the Registrar of opposition to such registration.

(2) Such notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.

(3) The Registrar shall send a copy of such notice to the applicant, and, within the prescribed time after the receipt of such notice the applicant shall send to the...