Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068580856.pdf (Guyana)
4610 Cap.

340.]

Trade Marks.

CHAPTER 340.

TRADE MARKS.

ARRANGEMENT OF SECTIONS.

SECTION.

1.

Short title.

2.

Interpretation of terms.

PART !.- REGISTRATION, SUBSTANTIVE INFRINGEMENT PROVISIONS.

AND OTHER THE REGISTER.

3.

The register of trade marks.

EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT.

4.

5.

6.

7.

8.

9.


10. to be in respect No action for infringement Registration Right given by registration Right given by registration Infringement by breach of certain Saving for vested rights.

Saving for use of name, address of unregistered trade mark.

of particular goods.

in Part A, and infringement in Part B, and infringement restrictions.

or description of goods.

thereof.

thereof.

AND VALIDITY OF REGISTRATION.

in Part A. for registration 11.

12.

13.

14:.

15.

16.

_ 17.


18. requisite REGISTRABILITY Distinctiveness Capability Prohibition Prohibition Registration Registration to disclaimer.

·words used as name or description Effect of limitation requisite of distinguishing of deceptive, of registration of identical of registration in Part A to be conclusive subject as to colour, in Part B. for registration etc., matter.

and resembling as to validity trade marks.

after seven years.

of an article or substance.

thereof.


and of absence PROCEDURE FOR, AND DURATION OF, REGISTRATION.

for registration.

to registration.

19.

Application 20.Opposition 21.Registration.

22.Duration 23.Registration and renewal of registration.

of parts of trade marks and of trade marks as a series.

ASSIGNMENT AND TRANSMISSION.

24.

Powers of, and restrictions 25.Certain on, assignment trade marks to be associated, and transmission.

so as to be assignable and transmissible as a whole only.
26.Power of registered 27.Registration of assignments and transmissions.

proprietor to assign and give receipts.

28.Removal from register and imposition of limitations on ground of UsE AND NoN-USE.

non-use.

registration 29.Defensive 30.

Registered users.

31.Proposed of well-known trade marks.

use of trade mark by corporation -to be constituted, etc.

Trade Marks.

[Cap.

340.

4611 SECTION.

32.


Use of one of associated or substantially identical trade marks equivalent 33.Use of trade mark for export to use of another.

trade.

RECTIFICATION AND CORRECTION entries in the register.

OF THE REGISTER.

for breach or vary registration of condition.

power to rectify 34.General 35.Power to expunge 36.Correction 37.Alteration 38.Adaptation of goods.

cation of register.

of registered of entries trade mark.


in register to amended or substituted classifi­ CERTIFICATION 39.Certification trade marks.

TRADE MARKS.

PART IL- REGISTRATION OF UNITED KINGDOM TRADE MARKS.

40.Application Kingdom.

for registration of trade mark registered in United by certificate.

required.

of registration.

conferred _ not affected.

41.Documents 42.Certificate 43.Privileges 44.Duration of privileges.

45."

Passing off" actions 46.Court may declare privileges 4 7.

Registration users.
Registration users.

48.Registered 49.Registrar to enter United Kingdom registered 50.Renewals of registration.

51.Alterations not acquired.

etc.

of assignment, in the register.

users on application.

p ART rrr:- GENERAL AND MISCELLANEOUS.

52.Power of Governor 53.Fees.

RULES AND FEES.

in Council to make rules.

POWERS AND DUTIES OF REGISTRAR.

by Registrar as· to cl{stinctiveness.

54.Preliminary advice 55.Hearing before exercise 56.Power·of, Registrar to award costs.

of Registrar's discretion.


LEGAL PROCEEDINGS AND APPEALS.

facie evidence to be pi·ima of validity.

57.Registration 58.Certificate 59.Costs of Registrar AO.

Trad.� usage, etc., 61.Registrar's 62.Court's 63.__ .Discretion.of 64.Procedure in proceedings before to be considered.

in proceedings Registrar's Court in.appeals.

in cases.of:o:ption appearance power to review Court.

decision.

of validity.

.to apply to Court.or Registrar.

invoiving rectification.

4612 Cap.

340.J Trade Marks.

EVIDENCE.


SECTION.

65.Mode of giving 66.Evidence of entries 67.Evidence of things done by Registrar.

in register.

evidence.

OFFENCES AND RESTRAIKT OF UsE OF ROYAL AR�s.

68.Falsification 69.Penalty for falsely representing 70.Restraint a trade mark as registered.

etc.

of use of Royal Arms, a misdemeanour.

in register of entries MISCELLANEOUS.

71.Change of form of trade connection not to be deemed to cause decep- tion.

72.

73.

74. owned trade marks.


Jointly Trusts and equities.

of agents.

Recognition 75.

76.

Patent Office.

Seal of Patent Office.

THE PATENT OFFICE, SUPPLEMENTAL.

77.

78.

79.

Transitional provisions.

Repeal and savings.

Date of commencement of Ordinance.

1 l • FIRST SCHEDULE.

CERTIFICATION TRADE MARKS.

SECOND SCHEDULE.

TRANSITIONAL PROVISIONS.

CHAPTER 340.

TRADE MARKS.

67 of 1952.

An Ordinance Marks.

to amend and consolidate the law relating to Trade Short title.
1.This Ordinance may be cited as the Trade Marks Ordinance.

[* ] *Up to the 1st July, 1953, the Ordinance had not been brought into force.

Trade Marks.

[Cap.

340.

4613 2.

(1) In this Ordinance, unless the context otherwise 1?,terpreta- t10n.
• requrres - " the appointed before day" means the date immediately the date of the commencement of this Ordinance; " assignment " means assignment by act of the parties concerned; "the Court" means the Supreme " limitations Court-of limitations " means any the Colony; of the exclusive right of a of that to the use of a trade mark given by the registration.
person as proprietor right as to mode of use, as to use in relation traded sold, or otherwise or as to use in relation outside limitations to goods to be in, in any place within the Colony, to goods to be exported including to any market the Colony; thereof, "mark" includes name, signature, thereof; a device, word, letter, brand, heading, numeral, label, ticket, or any combination " permitted use " has the meaning assigned to it by sub­ section (1) of section 30 of this Ordinance; " prescribed Court, prescribed prescribed " means, in relation by rules of court, by this Ordinance or the rules; before to proceedings the and, in other cases, " the register " means the register of trade marks kept under this Ordinance; "registered trade mark" means a trade mark that is actually on the register; "registered user" means a per&on registered as such under section who is for the time being 30 of this Ordinance; " the Registrar " means the Registrar of Patents, Designs and Trade Marks; " the Registrar means the Registrar of Patents, of Deeds; Designs and Trade Marks " " the rules " means any rules made under the provisions of this Ordinance; "trade mark" means, except in relation to a certification of indicating, in the course of trade between trade mark, a mark used or proposed to goods for the purpose connection some person having the right either registered any indication in relation or deemed to have been registered Ordinance; of the identity to a certification to be used in relation or so as to indicate, the goods and as proprietor or as or without and means, user to use that mark, whether with of that person, trade mark, a mark registered under section 39 of this a •= 4614 Cap.
340.]

Trade Marks.

"transmission" means transmission by operation of law, devolution on the personal person, and any other mode of transfer (2)References in this Ordinance representative of a deceased not being assignment.

to the use of a mark shall as references to the use of a printed or other visual be construed representation a mark in relation the use thereof of the mark, and references to goods shall be construed as references upon, or in physical or other relation to, goods.
therein to the use of to PART I.-REGISTRATION, INFRINGEMENT AND OTHER SUBSTANTIVE PROVISIONS.

THE REGISTER.

The register of trade ma,rks.

to be kept for the purposes of this the register of trade marks, wherein trade marks with the names, 3.

(1) There shall continue all registered a record called and descriptions Ordinance shall be entered addresses assignments descrip tions of all registered limitations, and such other matters marks as may be prescribed.
and transmissions, of their proprietors, notifications of and users, disclaimers, the names, addresses conditions, relating to registered trade (2)The register shall continue to be divided into three parts called respectively Part A, Part B and Part C. (3)The register shall at all convenient to such regulations times be open to the as may be inspection prescribed.

of the public, subject (4)The register shall be kept at the Patent Office under the control and management of the Registrar.
EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT.

No action for infringe­ ment of unregistered trade mark.

4.No person shall be entitled to institute any proceeding damages for, the infringement to of an in this Ordinance shall be trade mark, but nothing prewmt, or to recover unregistered deemed to affect rights off goods as the goods of another respect thereof.

of action against any person for passing­ person or the remedies in Registration to be in respect particular goods.
of 5.A trade mark must be registered in respect of particular goods or classes of goods, and any question class within which any goods fall shall be determined the Registrar, whose decision shall be final.

arising as to the by Trade Marks.

[Cap.

340.

4615 a,nd of Right �iveo of this section, (whether �[o;-�!'

stra­ the registration of a person o ru.

trade mark ( other thcreif.

of any goods shall, �ar� A, and rnfnn"'ement · 6.
(I) Subject to the provisions 9 and 10 of this Ordinance, trade mark) in respect of this Oro.inance) or after the commencement · f I as proprietor if give or be deemed to have given to that person the right to the use of the trade mark1in relation to the generality that right shall be deemed to be infringed sections before · p A f h m art o t e regrnter than a certification valid, exclusive goods and, without words, who, not being the proprietor user thereof identical deceive to any goods in respect manner as to render the use of the mark likely either- with it or so nearly or cause confusion, use, uses a mark it as to be likely of trade, using by way of the permitted of which it is registered, and in such to be taken resembling prejudice in the course by any person to those of the foregoing of the trade mark or a registered to in relation (a)as being used as a trade mark; or (b)in a case in which the use is use upon the goods or in issued circular to the public, or in an advertising relation thereto physical advertisement to some person having the right either user to use the trade mark or to goods with which registered is connected such a person (2)The right to the use of a trade mark given by registration or limitations to any conditions as proprietor as importing as aforesaid a reference in the course of trade.
or other or as on the register, id shall be subject as aforesa entered by the use of any such mark as aforesaid to goods to be sold or otherwise relation circumstances, to which, does not extend.
the registration to goods to be exported having regard and shall not be deemed to be infringed in any mode, in relation to any market, traded in in any place, or in any other to any such limitations, jn (3)The right to the use of a trade mark given by registration as aforesaid any such mark shall not be deemed to be infringed by any person- as aforesaid by the use of in the course ( a)in relation or a registered to goods connected of trade user of the trade mark with the proprietor if, as to those goods or a bulk of which they form part, the proprietor use has applied removed impliedly or obliterated consented the trade mark and has not subsequently it, or has at any time expressly to the use of the trade mark; or or the registered user conforming to the permitted or (b)in relation accessory has been used without to, other goods in relation infringement to form part of, or to be to which the trade mark of the right given as to goods adapted 4616 Cap.
340.]

Trade Marks.

necessary and neither or mignt for the time being so used, if the use of that the in order to indicate aforesaid the mark is reasohably goods are so adapted of the use of the mark is to indicate otherwise ance with the fact a connection any person and tp.e goods.

(4)The use of a registered nor the effect than in accord­ of trade between trade mark, being one of two or the purpose in the course in exercise more registered each other, given by registration infringement those trade marks.
trade marks that are identical of the right to the use of that trade mark as aforesaid, shall not be deemed to be an or nearly of the right so given to the use of any other of resemble Right given by registra­ tion in Pa-rt B, and infringement thereof.

or after the commencement (2) of this section, by subsection 7.
(1) Except as provided before in Part B of the register if valid, of any goods shall, the like right in relation the registration (whether this Ordinance) of a person of a trade mark in respect deemed to have given to that person those goods as if the registration register, and the provisions have effect in like manner in relation in Part B of the register trade mark registered had been in Part A of the section as they have effect in relation in Part A of the register.
of the last foregoing give or be to of as proprietor to a trade mark registered shall to a (2)In any action for infringement of the right to the use of a in Part B of the , otherwise as aforesaid than by an act that is deemed to be an by virtue of the next succeeding shall be granted to the satisfact complains to the plaintiff ion of the Court that is not likely or other relief establishes trade mark given by registration register infringement injunction defendant the use of which the plaintiff cause confusion course the right either trade mark.
to deceive a connection the goods and some person having or to be taken as indicating section, no t if the or as registered as proprietor of trade between or in the user to use the Infringement by breach of certain restrictions.

8.
( 1) Where, by a contract in writing user of a registered made with the applies, trade mark, a to the effect into an obligation an act to which or a registered proprietor purchaser or owner of goods enters that he will not do, in relation to the goods, this section time being of the goods and having notice does that act, or authorises goods, in the course of trade or with a view to any dealing therewith in the course infringe the right to the use of the trade mark given by the any person who, being the owner for the of the obligation, to the it to be done, in relation shall be deemed thereby of trade, to Trade Marks.
[Cap.

340.

4617 unless thereof, registration the goods by purchase faith before receiving notice of title that person became the owner of for money or money's worth in good of a or by virtue who so became the owner thereof.
the obligation derived another through (2)The acts to which this section (a)the application they have suffered contract a.s respects are- applies of the trade mark upon the goods after in the in any manner specified or packing; alteration get-up their state or condi�ion, (b)in a case in which the trade mark is :upon the goods, the alteration, part removal or part obliteration thereof; (c)in a case in which the trade mark is upon the goods, other matter, and there is also thereon a connection in the course registered whether wholly matter is wholly removed user and the goods, or partly, of trade between the removal of the trade mark unless or obliterated; being matter that other the proprietor or indicating or obliteration, (d)in a case in which the trade mark is upon the goods, the application of any other trade mark to the goods; (e)in a case in which the trade mark is upon the goods, that to the goods of any other matter in writing the addition is likely to injure the reputation of the trade mark.
(3)In this section references in relation user, and to the registration, d, respectively, as references to a registered proprietor, trade mark shall be construe proprietor registered trade mark, in respect "up on" includes thereto.
relation in whose name the trade mark is registered, and to the registration user who is registered, of those goods, and the expression in relation to any goods a reference to physical to any goods to the of a to the to a of the in this Ordinance user of a registered 9.Nothing registered restrain or nearly that person that trade mark from a date anterior- shall entitle trade mark to interfere with to which used the use by any person of a trade mark identical resembling to goods in relation of his has continuously or a SaV:J for with or ;i;hts.
in title or a predecessor the proprietor it in relation ( a)to the use of the first-mentioned trade mark in relation to those goods by the proprietor his; or in title of or a predecessor (b)to the registration of those goods in the name of the first-mentioned trade mark in or a of the proprietor respect in title predecessor VI.-35 B.G.-VOL.

of his; - 4618 Cap.

340.]

Trade Marks.


is the earlier, whichever to that person being put on the register nearly subsection trade mark in respect resembling (2) of section or to object 14 of this Ordinance.

for that identical or of those goods under ( on such use being proved) Saving for use of name, address description of goods.
or 10.No registration with- (a)any bona fide use by a person of his own name or of of a trade mark shall interfere the name of hiR place of business, name of the place of business, or business; of the or of the name, or in of any of his predecessors (b)the use by any :person of any of his goods, bona fide description not being a description of or quality the character that would be likely reference of section 6, or in paragraph .
of this Ordinance as is mentioned to be taken as importing any such in paragraph (b) of subsection (b) of subsection (1) (3) of section 39, REGISTRABILITY AND VALIDITY OF REGISTRATION.

Distinctive­ ness requisite for registra­ tion in Part A.

11.
(1) In order for a trade mark (other than a certification trade mark) to be registrable contain particulars- or consist in Part A of the register, it must of at least one of the following essential ( a)the name of a company, or particular in a special (b)the signature manner; of the applicant predecessor in his business; for registration or some individual, or firm, represented (c)an invented (d)a word or words having word or invented 110 direct words; reference to the charac­ ter or quality ordinary signification mark; (e)any other distinctive of the goods, and not being according to its name or a surname; a geographical but a name, signature, fall within the descriptions (b), (c) and (d), shall not be registrable this paragraph or word or words, other than such as in the foregoing upon evidence except (a), of paragraphs under the provisions of its distinctiveness. "
means (2)For the purposes of this section to the goods in respect " distinctive of which a trade or proposed adapted, in relation mark is registered goods with which the proprietor in the course connected no such connection mark is registered limitations, ation.
registr subsists, either or proposed to be registered, to distinguish of the trade mark is or may be of trade from goods generally to to be registered in the case of which or, where the trade subject to use within the extent of the in relation Trade Marks.

[Cap.

340.
[Cap.

340.

4619 (3)In determining whether a trade mark is adapted to distinguish to which- extent as aforesaid the tribunal may have regard to the ( a)the trade mark is inherently adapted as to distinguish and aforesaid; (b)by reason circumstances, guish as aforesaid.

of the use of the trade mark or of any other the trade mark is in fact adapted to distin­ · · d ill relat10n t f hi h · 1t must be capable, 12.
(1) �n or1er for a trade mark _to be r�gistrable of the register respec o w c 1t lS reg1stere distingu is or may be connected case of which no such connection where the trade mark is registered to limitations, subject registration.
in Part� �:l::i�;�g to the goods ill requisite_for • d f , o in Part B. to e reg1stere d b of the trade mark of trade from goods in the subsists, or, either or proposed generally to be registered of the the extent ishing goods with which the proprietor in the course in relation to use within or propose reg1strat1on (2)In determining distinguishing extent whether as aforesaid to which- of a trade mark is capable to the may have regard the tribunal ( a)the trade mark is inherently capable of distinguishing as aforesaid; (b)by reason and of the use of the trade mark or of any other the trade mark is in fact capable of distin- circumstances, guishing (3)A trade mark may be registered as aforesaid.
in Part B notwith­ standing proprietor any registration of the same trade mark or any part or parts thereof.

in Part A in the name of the same 13.It shall not be lawful Prohibition of registra­ of a trade mark any matter the use of which would, by reason tion of deceptive, of its being likely etc., matter.

be disentitled contrary to deceive to protection to law or morality, in a court of justice, or any scandalous or cause confusion or otherwise, as a trade mark or part to register design.
or would be 14.

(1) Subject · d no tra e mar s a e reg1stere k h 11 b · d · to the provisions of subsection ill respect of goods that is identical resemblm" h propnetor o� the same goods or description or such a trade mark as to be likely to (2) of this Prohi?ition f o any tion of with a trade identica!

and an a ea y on t e trade marks.

of goods, k b 1 .

.J:.cc in respect sectlon, goods or description mar e ongillg to a Wilerent register that so nearly deceive or B.G.-VoL.

resembles cause confusion.


VI.-35* d Ir d of reg1stra- .

4:620 Cap.

340.J Trade Marks.

(2)In case of honest concurrent use, or of other special of the Court or the Registrar which in the opinion may permit of trade marks that are identical or nearly circumstances make it proper so to do, the Court or the Registrar the registration resemble each other in respect of goods by more than one proprietor and limitations, case may be, may think it right to impose.
if any, as the Court or the Registrar, subject as the of the same goods or description to such conditions (3)Where separate applications are made by different of the same goods or description as proprietors respect or nearly resemble ively of trade each other, in of goods, the Registrar persons to be registered marks that are identical respect may refuse to register been determined ment in a manner approved Court.
any of them until their rights have by the Court, or have been settled by agree­ by him or, on an appeal by the Registration in Part A to be conclusivo as to validity aftcl' seven years.

15.
15.

(1) In all legal proceedings registered in Part A of the register under section 34 of this Ordinance) Part A of the register tion of seven years from the date of that registration, to be valid in all respects, relating to a trade mark (including after the expira­ be taken unless- ( a)that registration was obtained (b)the trade mark offends against of the trade mark shall, the provisions the original by fraud; in registration applications of or section 13 of this Ordinance.
(2)Nothing in subsection (1) of section as making applicable shall be construed being a trade mark registered provisions foregoing of this section in Part A of the register.

registered relating in Part B of the register, 7 of this Ordinance to a trade mark, as the to a trade mark Registration subject disclaimer.
16.If a trade mark- (a)contains to any part not separately registered by the as a trade mark; or proprietor (b)contains a non-distinctive character; matter common to the trade or of otherwise or the Court, the Registrar shall be entered or shall remain on the register, of its being on the register,-- as a condition in deciding whether the trade mark may require, (i)that the proprietor shall disclaim any right to the exclusive use of all or any portion use of any part of the trade mark, or to the exclusive of any such matter as aforesaid, to Trade Marks.
[Cap.

340.

4621 ·the exclusive or entitled; use of which the tribunal holds him not to be (ii)that the proprietor shall make such other disclaimer as the tribunal his rights defining Provided may consider necessary for the purpose of under the registration: that no disclaimer on the register shall affect any of the proprietor rights out of the registration is made.

the disclaimer of a trade mark except such as arise of the trade mark in respect of which 17.
( 1) The registration to have become invalid date of the registration, mark contains, tion of an article or substance: of a trade mark shall not be deemed by reason only of any use, after the of a word or words which the trade Words used as name or description of an article or substance.
or of which it consists, as the name or descrip­ Provided that, if it is proved either- (a)that there is a well-known and established use of the or of the article on a trade therein, by a person or persons word or words as the name or description substance to goods connected not being use in relation trade with the proprietor or a registered mark or (in the case of a certification or certified (b)that the article by the proprietor; or substance in the course user of the trade trade mark) goods carrying of manu­ was formerly a patent in force on, or under a patent (being after, factured granted two years or more after the cesser of and that the word or words is or are the only practicable name or description 1928), the patent the 22nd December, has elapsed, that a period of of the article of the next succeeding or substance; subsection shall have the provisions effect.
(2)Where the facts mentioned the proviso to any word or words, then- to the foregoing subsection in paragraph (a) or (b) of are proved with respect (a)if the trade mark consists solely of that word or those in respect words, the registration registration or of any goods of the same description, the purposes wrongly of the trade mark, so far as regards of the article 34 of this Ordinance on the register; or substance shall be deemed for remaining to be an entry of section in question (b)if the trade mark contains that word or those words and other matter, whether the trade mark shall remain on the register, the Court or the Registrar, in deciding so far 4622 Cap.
340.]

Trade Marks.

thereof in respect of the article or substan\.
of its remaining any right to the exclusive regiskation and of any goods of the same description, may as regards in question in case of a decision in favour require as a condition disclain1 article of that word or those words, on the register trade mark except such as arise out of the registration the trade mark in respect and shall that the proprietor use in relation that no disclaimer of a and any goods of the same description of which the disclaimer of the proprietor shall affect any rights on the register or substance so, however, is made; to that of (c)for the purposes of any other legal proceedings relating to the trade mark- (i)if the trade mark consists those words, all rights use of the trade mark in relation in question of that word or r to the exclusive or substance or to any goods of the same description; of the proprieto to the article solely or (ii)if the trade mark contains all such rights that word or those words to the of the proprietor and other matter, exclusive use of that word or those words in such relation as aforesaid; first became well known and established, name element substance in paragraph (a) of the proviso compound, as a trade of the period of two years mentioned from a mixture, of a chemical used and accepted chemical to the fore­ or in shall be deemed to have ceased on the date at which the use mentioned going subsection at the expiration paragraph (b) of that proviso.
(3)No word which is the commonly of any single chemical as distinguished mark in respect any such registration or thereafter Ordinance 15 of this Ordinance, section 34 of this Ordinance section sufficient without as the circumstances register, that the foregoing Provided shall not have effect in relation denote only a brand or make of the element or made by the proprietor as distinguished others, open to the public or single shall be registered and of this in force at the commencement in notwithstanding anything be deemed for the purposes of to be an entry made in the register provisions to a word which is used to as and in association use.
compound user of the trade mark, on the or an entry wrongly remaining or preparation, or a registered from the element with a suitable may require: or compound shall, as made by cause, of this subsection name or description ) :( r Trade Marks.

.

[Cap.

340.
.

[Cap.

340.

4623 18.A trade mark may be limited in whole or in part to one �ffe;\<:f and in any such case the fact that a�c°'c��iur, or more specified it is so limited shall be taken into consideration on the distinctive having to decide character colours, a�d of by any tribunal t11!�:0c; of the trade mark.

limitation without for all cololll's.

If and so far as a trade mark is registered it shall be deemed to be registered of colour, PROCEDURE FOR, AND DURATION OF, REGISTRATION.
of a trade f pplic?-tion 19.

( 1) Any person claiming to be the proprietor of t?

;0� to the Registrar in the in Part A or in Part B it must apply in writing manner for registration to be used by him who is desirous either g1Stra­ e mark used or proposed registering prescribed of the register.

(2)Subject to the provisions the application, to such amendments, may refuse subject limitations, if any, as he may think right.
of this Ordinance, the Registrar or may accept it absolutely modifications, conditions or or than a certification (3)In the case of an application mark (other register, of refusing registration the Registrar may, the application, in Part Band deal with the application for registration of a trade trade mark) in Part A of the is willing, instead for treat it as an application if the applicant accordingly.
( 4) In the case of a refusal shall, if required of his decision or conditional by the applicant, and the materials acceptance, state in writing used by him in the thereat, and· the decision shall be subject to appeal Registrar the grounds arriving to the Court.

(5)An appeal under this section and on the appeal scribed manner, hear the applicant whether, determining modifications, conditions is to be accepted.
and the Registrar, and subject shall be made in the pre­ the Colll't if required, shall, and shall make to what amendments, an order or limitations, if any, the application (6)Appeals under this section shall be heard on the materials and no flll'ther grounds of as aforesaid to the acceptance by the Registrar, of the application stated objection to be taken by the Registrar, aforesaid appeal.
applicant payment as other than those so stated by him, except by leave of the Court hearing the the Where any flll'ther grounds are taken, shall be entitled without of costs on giving to withdraw notice his application of objection shall be allowed as prescribed.

4624 Cap.

340.J Trade Marks.


\ (7)The Registrar or the Court, as the case may be, may at any time, whether before or after acceptance, in or in connection applicant Registrar to amend his application or the Court, as the case may be, may think fit.

correct ion, or may permit the upon such terms as the with the applicat any error ' Opposition to registra­ tion.

20.
(1) When an application for registration of a trade mark whether absolutely or subject shall, as soon as may be after to conditions as accepted to be advertised the Registrar has been accepted, or limitations, accepta,nce, cause the application in the prescribed all conditions has been accepted: and limitations subject manner, and the advertisement shall set forth to which the application -' Provided that the Registrar may cause an applicati on to be (e) if it is made under paragraph before acceptance ( 1) of section 11 of this Ordinance, to him that it is expedient advertised of subsection other case where it appears of any exceptional cation has been so advertised fit, advertise it again when it has been accepted be bound so to do.
circumstances the Registrar may, if he thinks but shall not or in any by reason so to do, and where an appli­ (2)Any person may, within the prescribed of an application, to the registration.

date of the advertisement Registrar of opposition time from the give notice to the (3)The notice shall be given in writing in the prescribed manner, and shall include a statement opposition.
of the grounds of (4)The Registrar shall send a copy of the notice to the shall send to the Registrar, applicant, and within the prescribed the applicant manner, in duplicate, which he relies.

for his application, he shall be deemed to have abandoned in the prescribed of the grounds on and, if he does not do so, a counter-statement his application.
time after receipt thereof (5)If the applicant sends such a counter-statement to the persons a copy thereof as afore­ said, the Registrar shall furnish giving notice of opposition, if so required, and subject is to be permitted.

to what conditions and considering and shall, after hearing the parties, the evidence, or limitations, decide whether, if any, registration (6)The decision of the Registrar shall be subject to appeal to the Court.
(7)An appeal under this section shall be made in the pre­ scribed manner, and on the appeal the Court shall, if required, Trade Marks.

[Cap.

340.

4625 hear the parties and the Registrar, and shall make an order determining tions, and subject if any, registration is to be permitted.
whether, to what conditions or limita­ any·party (8)On the hearing of an appeal under this section may, either in the manner prescribed or by special leave of the Court, ration of bring forward further material for the conside the Court.

(9)On an appeal under this section no further grounds of ration of a trade mark shall be allowed objection to the regist to be taken by the opponent so stated as aforesaid by the opponent, Court.

Where any further applicant shall be entitled payment of the prescribed.
costs of the opponent except grounds of objection to withdraw his application without by leave of the the are taken, or the Registrar, other than those on giving notice as ,J.

(IO) On an appeal under this section the Court may, after the Registrar, permit the trade mark proposed to be to be modified in any manner not substantially hearing registered affecting shall be mark as so modified red.
before being registe the identity thereof, but in any such case the trade manner advertised in the prescribed of opposition (11)If a person giving notice or an applicant atement neither of a copy of such a a counter-st or an appellant, the tribunal sending after receipt notice, resides may require in the Colony, before for costs of the proceedings the tribunal relative to the opposition as the case may be, and in default being duly given may treat the opposition of such security as the case may be, as abandoned.
application, on business him to give security or to the appeal, or the appeal, nor carries or 21.

(I) When an application for regist in .Part A or in Part B of the registe either- ration of a trade mark Registration.
and r has been accepted, (a)the application or of opposition notice has expired; has not been opposed and the time for (b)the application has been opposed in favour of the applicant; has been decided and the opposition the application has been accepted the Registrar shall, unless error, registe may be, and the trade mark, when registe as of the date of the application shall be deemed for the purposes date of registr in r the trade mark in Part A or Part B, as the case red red, shall be registe and that date to be the of this Ordinance for registration, ation: 4626 Cap.
340.]

Trade Marks .

provisions Provided that the foregoing of this subsection, to the date as of which a trade mark shall be registered relating and to the date to be deemed to be the date of registration, shall, with the benefit of any enactment inter-imperial arrangements, sions of that enactment.
a trade mark registered relating under this Ordinance have effect subject as respects to the provi­ to international or (2)On the registration of a trade mark the Registrar shall in the prescribed a certificate form of sealed with the seal of the Patent issue to the applicant the registration thereof Office.
.. (3)Where registration of a trade mark is not completed on the part of the applicant, notice twelve months from the date of the application default the Registrar giving to the applicant in the prescribed unless in the notice.

may, after in writing as abandoned in that behalf of the non-completion treat the application within the time specified it is completed manner, within by reason of Duration and renewal of registration.

22.
22.

(1) The registration but may be renewed of a trade mark shall be for a period from time to time in accor­ of seven years, dance with the provisions Provided that, in relation of this section: to the commencement have effect with the substitution for the said period of seven years.
of this Ordinance, to a registration as of a date prior this subsection shall years of a period of fourteen shall, on application (2)The Registrar of a trade mark in the prescribed proprietor the prescribed period, for a period origina the case may be, which date is in this section " the expiration of fourteen l registration made by the registered manne:r and within of the trade mark of the of registration, as to as years from the date of expiration of the last registration."
renew the registration or of the last renewal referred (3)At the prescribed time before the expiration of the last of a trade mark, the Registra manner to the registere and the conditions registration in the prescribed date of expiration and otherwise upon which a renewal obtained, and, that behalf those conditions the Registrar subject register to such conditions, as may be prescribed.
r shall send notice d proprietor as to payment of fees of registration of the time prescribed may be in complied with, if any, as to its restoration may remove the trade mark from the register, if at the expiration have not been duly of the to the Trade Marlcs.

[Cap.

340.
4627 ( 4)Where a trade mark has been removed of the ±ee for renewal, for non-payment of a trade the registration of any application for the purpose mark during one year next after the date of the removal, deemed to be a trade mark that is already on the register: it shall, be from the register nevertheless, for Provided is satisfied provisions shall not have effect where the tribunal that the foregoing of this subsection either- (a)that there has been no bona fide trade use of the trade during the two years imme­ mark that has been removed its removal; or preceding diately (b)that no deception to arise of the from the use of the trade mark that is the subject of any previous use of application the trade mark that has been removed.
by reason for registration or confusion would be likely 23.

{l) Where the proprietor to the exclusive entitled may apply to register trade marks.

use of any part of a trade mark claims Registration of parts of separately, he thereof trade marks the whole and any such part as separate and of trade marks as a series.

to be Each such separate trade mark must satisfy all the conditions of an independent sions of subsection 32 of this Ordinance, trade mark.
trade mark and shall, (3) of section: 25 and subsection subject to the provi­ (2) of section of an independent have all the incidents (2)Where a person claiming to be the proprietor of the same goods or description of of several trade marks, in respect goods, which, while resembling of- particulars thereof, (a)statements yet differ in respect of the goods in relation to which they are each other in the material respectively (b)statements used or proposed of number, to be used; or price, quality or names of places; or character (c)other matter of a non-distinctive of the trade mark; or not substantially affect the identity which does (d)colour; seeks to register series in one registration.
those trade marks, they may be registered as a ASSIGNMENT AND TRANSMISSION.

24.

(1) Notwithstanding a registered contrary, always to have been, assignable connection any rule of law or equity to the Powers of, and re­ trade mark shall be, and shall be deemed strictions assignment and trans­ mission, of a business or not.

and transmissible with the goodwill either in on, 4628 Cap.

340.]

Trade Marks.
340.]

Trade Marks.

(2)A registered trade mark shall be, and shall be deemed always to have been, assignable either of all the goods in respect was registered, of those goods.
and transmissible of which it is registered, as the case may be, or of some (but not all) \ in respect or trade mark used in subsections shall to any goods as they have effect in the case of a regis­ in respect of any goods, if at the (3)The provisions of the two foregoing have effect in the case of an unregistered relation tered trade mark registered time of the assignm ent or transmission trade mark it is or was used in the same business trade mark, and if it is or was assigned same time and to the same person and in respect of goods all of which are goods which the unregistered business or was assigned or transmitted.
and in respect of which that as that registered as a registered or transmitted at the trade mark in relation to trade mark is or was used in that registered trade mark is of the unregistered in the foregoing (4)Notwithstanding anything subsections, a trade mark shall not be, or be deemed to have been, assignable or transmissible in a case in which as a result of an assignment or transmission there would in the circumstances have subsisted, exclusive concerned of goods, of trade marks nearly resembling identical goods and of the trade marks, the use of the trade marks in exercise or cause confusion: trade marks, if, having regard to the similarity of those rights would be, or have been, likely rights in more than one of the persons to the same goods or description to the use, in relation each other or of to deceive subsist, of the or Provided that, where a trade mark is, or has been, assigned the assignment or transmitted in such a case as aforesaid, transmission shall not be deemed to be, or to have been, invalid under this subsection if the exclusive result thereof in the persons concerned respectively are, or were, having regard to limitations imposed thereon, such as not to be exercisable to goods to be sold, or otherwise (otherwise be exported than for export therefrom) to the same market outside or in relation the Colony.
by two or more of those persons traded in, within the Colony rights subsisting to goods to as a or in relation of a registered (5)The proprietor to assign it in respect registered a statement Registrar regard to the similarity of which it is in the prescribed manner out the circumstances, and the having stating of the goods and of the trade marks may issue to him a certificate may submit to the Registrar of any goods in respect trade mark who proposes of case setting whether, Trade Marks.

[Cap.

340.
[Cap.

340.

4629 of this section subsection, and a certificate as to appeal assignment trade mark would or would not be invalid of the first­ under the so issued shall, and unless ref erred to in the case, the proposed mentioned last foregoing to the provisions subject it is shown that the certificate representation, under the last foregoing far as such validity out in the case, but, as regards only if application Ordinance within six months from the date on which the certificate issued.
27 of this is made entitled is depends a certificate in favour under section for the registration of the person becoming of the assignment as to the validity be conclusive or invalidity subsection was obtained upon the facts set by fraud or mis­ of the title in so of validity, or invalidity (6)Notwithstanding anything in subsections (1) to (3) of in a case concerned a trade mark shall not, on or after the commence­ or transmissible thereof or transmission under the whether right in one of the to use to the use of the trade mark limited subsist, an exclusive this section, be assignable ment of this Ordinance, i11 which as a result of an assignment there would in the circumstances common law or by registration, persons in relation place or places of those persons the :first-mentioned in relation use in relation another to goods to be sold, or otherwise and an exclusive to the use of a trade mark nearly of goods limited to traded in, in traded in, in a right in another to the same goods or description to goods to be sold, or otherwise trade mark or of an identical place or other places in the Colony, in the Colony: resembling trade mark the use of the trade marks Provided that, on application in the prescribed it, or of a to assign manner by that a trade mark has been transmitted to if he is of a -�rade may approve mark who proposes would not be contrary of the said rights of his on or after the commence­ that in all the circumstances the proprietor person who claims to a predecessor in title him or in any such case, the Registrar, ment of this Ordinance, satisfied in exercise interest, or transmission assignment be, or to have been, invalid under (4) of this section, subsection trade mark this a registered unless application Ordinance within six months from the date on which the approval given or, date.
shall not be deemed to this subsection that in the case of shall not have effect 27 of this is made entitled is that was made before for the registration of the title of the person becoming in the case of a transmission, so, however, provision to the public and an the assignment under section so approved or under or transmission, 4630 Cap.

340.J Trade Marks.
(7)Where an assignment in respect of any goods of a trade used in a business requiremen otherwise the assignment with the goodwill than in connection mark that is at the time of the assignment of this in those goods is made, on or after the commencement of Ordinance, that business, following assignee the date on which the assignment extended him for directions assignment, and must advertise and within shall not take effect uniil the that is to say, the of six months from is made or within such may allow, to the advertisement it in such form and manner ts have been satisfied, must, not later than the expiration as the Registrar may direct.
if any, as the Registrar apply to of the with respect period, such period (8)Any decision subject to appeal to the Court.

of the Registrar under this section shall be Certain trade marks to be associated so as to be assignable and trans­ missible whole only.

as a 25.
as a 25.

(1) Trade marks that are registered of this Ordinance as, or that are to be, associated trade marks deemed by virtue shall be assignable separately, have been registered but they shall for all other purposes and transmissible only as a whole and not be deemed to as separate (2)Where a trade mark that is registered, trade marks.
for registration, in respect trade mark that is registered, or is the subject of any goods is or is the in the name of the of or to deceive for registration, of the same goods or description it as to be likely with another of an application tor in respect of an application identical subject same proprie goods, or so nearly resembles cause confusion the Registrar be entered on the register if used by a person other than the proprietor, may at any time require that the trade marks shall as associated trade marks.
Any decision of the Registrar shall be under this subsection subject to appeal to the Court.

of subsection (3)Where a trade mark and any part or parts thereof are by regis­ 23 of this Ordinance, (1) of section virtue tered as separate they shall be deemed to be, and shall be registered trade marks.
trade marks in the name of the same proprietor, as, associated (4)All trade marks that are, by virtue 23 of this Ordinance, registered (2) of of subsection in one as a series as, shall be registered shall be deemed to be, and section registration associated trade marks.
(5)On application made in the prescribed manner ed proprietor register associated tion as respects any of them if he is satisfied trade marks, the Registrar the associa that there would of two or more trade marks registered by the as ­ may dissolve Trade Maries.

[Cap.

340.

4631 of deception be no likelihood trade mark were used by another the goods in respect the register accordingly.
or confusion being caused if that person in relation to any of of which it is registered, and may amend Any decision of the Registrar under this subsection shall be subject to appeal to the Court.
26.Subject to the provisions for the time being entered subject trade mark shall, to be vested register the trade mark, and to give effectual tion for an assignment in the register to any rights in any other person, receipts the person of this Ordinance, of a from the appearing have power to assign Power of registered as proprietor proprietor to assign and give receipts.

for any considera­ thereof .


entitled Registration by assignment of assign­ trade mark, he shall make applica­ ments and trans­ shall, missions.

and the Registrar and on proof of title to his satis­ his title, or 27.

(1) Where a person becomes of the application to a registered to register transmission tion to the Registrar on receipt faction, respect mission or transmission (2)Any decision to appeal register of the goods in respect has effect, to the Court.
subject him as the proprietor of the trade mark in and shall cause particulars of which the assignment or trans­ of the assignment to be entered on the register.

of the Registrar under this section shall be (3)Except for the purposes of an appeal under this section or of an application ment or instrument in the register (1)of this section in proof of the title directs .
under section in respect in accordance 34 of this Ordinance, a docu­ of which no entry has been made with the provisions shall not be admitted to a trade mark unless in evidence of subsection in any court the court otherwise UsE AND NoN-UsE.

to the provisions 28.

(1) Subject t. emoval_ of the next succeeding fr r tra e mar may e ta en o e register and im�osi�ion of lim.1tat10ns .

d d k b k :ff th .
d d k b k :ff th .

·om registe of which it is registered tot e ourt or, at t e on ground of of section of any of the goods in respect aggrieve sec 10n, a reg1stere in respect on app cat10n y any person li .

b of the applicant option 64 of this Ordinance, to the Registrar, to the provisions .

d h C and subject h R non-use.


on the ground either- without any bona for registration ( a)that the trade mark was registered on the part of the applicant fide intention it should there has in fact been no bona fide use of the trade mark in to those goods by any proprietor relation that to those goods by him, and that be used in relation thereof for the time 4632 Cap.

340.]

Trarle Marks.
being up to the date one month before the date of the or application; (b)that up to the date one month before the date of the period of :five years or longer trade during which the trade mark was a registered in which there was no bona fide use thereof for the to those goods by any proprietor application a continuous elapsed mark and during relation time being: Provided where the applicant that (except thereof has been permitted to register 14 of this Ordinance is of opinion trade mark in respect of the that he be permitted resembling or where the tribunal under subsection (2) of section an identical or nearly goods in question might properly the tribunal may refuse (a)or (b) of this subsection shown that there has been, before the relevant period, trade mark by any proprietor relation of which the trade mark is registered.
so to register an application in relation thereof to goods of the same description, the relevant as the case may be, bona fide use of the such a trade mark) made under paragraph to any goods, if it is for the time being in being goods in respect date or during to any goods in respect of which a trade (2)Where in relation mark is registered- ( a)the matters going subsection trade mark in relation traded for export from the Colony), exported referred are shovYll in, in a particular to a particular to in paragraph so far as regards (b) of the fore­ of the non-use to goods to be sold, or otherwise place in the Colony (otherwise than market outside or in relation to goods to be and the Colony; under subsection (2) of an identical or nearly of those goods under a to register (b)a person has been permitted trade mark in respect extending seetion 14 of this Ordinance resembling registration or otherwise export to that market, properly from the Colony), or the tribunal be permitted to use in relation to goods to be sold, traded in, in that place ( otherwise than for or in relation to goods to be exported so to register is of the opinion that he might such a trade mark; and subject to the provisions on application by that person to the Court or, at the option the applicant this Ordinance, the registration tions as the tribunal registration to the Registrar, the tribunal of the :first-mentioned of of section 64 of may impose on shall cease to extend to such use as last aforesaid.
thinks proper for securing that that trade mark such limita­ (3)An applicant of paragraph (b) of subsection of sub- (1), or for the purposes shall not be entitled to rely for the purposes Trade Marks.

[Cap.

340.

4633 (2), of this section section is shown to have been due to special circumstances and not to any intention mark in relation in the trade the trade not to use or to abandon to the goods to which the application of a trade mark that on any non-use relates.

29.
29.

(1) Where a trade mark consisting word Defensive registration words has become so well known as respects any of well to which and in relation known trade marks.
to other in relation in of which it is registered of an invented a connection entitled to the first-mentioned goods, in respect registered to use the that the proprietor goods does not use or propose to those other goods and notwithstanding the trade mark may, on of trade between or invented goods in respect it has been used that the use thereof goods would be likely to be taken as indicating those goods and a person the course to use the trade mark in relation then, notwithstanding of the first-mentioned trade mark in relation section, anything the application in the prescribed registered in his name in respect mark and, while so registered, in respect off the register section.
o± the first-mentioned in the last foregoing manner of the proprietor be registered trade of those other goods as a defensive to be taken shall not be liable of those goods under the last foregoing in respect goods, of a trade mark may apply for of any goods as a defensive proprietor in respect (2)The registered thereof the registration trade mark notwithstanding name in respect trade mark, or may apply for the registration thereof of any goods otherwise that it is already standing those goods as a defensive the existing than as a defensive of registered trade mark, in lieu in each case of in his that it is already as a defensive of those goods otherwise than in respect in his name in respect registration.
trnde mark notwith­ registered (3)A trade mark registered as a defensive trade mark and that trade mark as otherwise proprietor tions are in respect be registered of different as, associated goods, trade marks.
registered notwithstanding in the name of the same that the respective be deemed to be, and shall shall, registra­ (4)On application by any person aggrieved to the provisions to the Court or, of the registration of the applicant at the option 64 of this Ordinance, section of a trade mark as a defensive the ground that the requirements section of which the trade mark is registered than as a defensive proprietor and subject to the Registrar, trade mark may be cancelled on of subsection (1) of this in the 'name of the same trade mark, or may be of any goods in respect otherwise are no longer in respect satisfied B.G.-VOL.
VI.-36 4634 Cap.

340.]

Trade Marks.

as respects any goods in respect cancelled as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation those goods would be taken as giving in subsection to mentioned the indication of which it is registered ( 1) of this section.
may at any time cancel the registration as a trade mark of a trade mark of which there is no (5)The Registrar defensive longer any registration otherwise than as a defensive ( 6)Except as otherwise trade mark.

expressly in the name of the same proprietor provided in this section, the provisions registration trade marks so registered of this Ordinance of trade marks as defensive shall apply in respect of the trade marks and of as they apply in other cases.

Registernd users.

30.


(1) Subject other than the proprietor a registered in respect trade mark) and either user thereof with or without to the provisions of this section, a person of a trade mark may be registered in respect of all or any of the goods as than as a defensive of which it is registered (otherwise conditions user thereof course or restrictions .
in relation of trade and of which for the time being the trade mark remains The use of a trade mark by a registered to goods with which he is connected in respect registe red and he is registered such as to comply with any conditions his registration is subject, use " thereof. "
permitted in the is in this Ordinance as a registered user, being use or restrictions referred to which to as the (2)The permitted use of a trade mark shall be deemed to thereof, be use by the proprietor use by a person other than the section which such use is material under this law.
and shall be deemed not to be of proprietor, for the parpose:s and for any other purpose for or at common Ordinance 28 of this Ordinance the parties, to call upon subsisting between user of a trade mark shall be entitled (3)Subject to any agreement thereof and, if the proprietor so called a registered the proprietor ment thereof, within two months after being user may institute as if he were the proprietor, proceedings refuses to take proceedings infringe­ to prevent or neglects to do so upon, the registered for infringement making the proprietor in his own name so added as defendant he enters an appearance a defendant.
shall not be liable for and takes part in the A proprietor any costs unless proceedings.

(4)Where it is proposed that a person should be registered as a registered and the user of a trade mark, the proprietor Trade Marks.

[Cap.

340.
4635 user must apply in writing to the Registrar him with a statutory or by some person by the Registrar- authorised registered manner and must furnish ion made by the proprietor, and approved particulars proposed in the prescribed declarat to act on his behalf (a)giving posed, between user, including by the proprietor ship will confer that the proposed user or that there shall be any other for whose registration as registered made; the proprietor particulars showing over the permitted registered and whether and the proposed registered the degree of control use which their relation­ it is a term of their relationship user shall be the sole registered restriction as to persons may be users application or pro­ of the relationship, existing the goods in respect of which registration is (b)stating proposed; (c)stating any conditi of the goods, to the characteristics with ons or restrictions proposed to the mode or respect place of permitted whether (d)stating use, or to any other matter; and use is to be for a period the permitted limit of period, and, if for a period, the duration or without thereof; and with such further may be required documents, information or evidence as under the rules or by the Registrar.
(5)When the requirements of the last foregoing subsection with, if the Registrar, after considering that in all the circumstances to him under that subsection, the use of the trade mark is goods or any of them by the pro­ to any conditions or restrictions furnished have been complied the information satisfied in relation posed registered which the Registrar public tered user as a registered he is so satisfied subject as to the proposed user subject thin.ks proper the Registrar interest, may register to the would not be contrary the proposed regis­ of the goods as to which user in respect aforesaid.
(6)The Registrar shall refuse of this section an application if it appears would tend to facilitate under the fore­ to .him that the trafficking in a trade going provisions grant thereof mark.

(7)The Registrar shall, if so required that information under the foregoing provisions by an applicant, given for the purposes take of an of this section ( other in to rivals is not disclosed in the register) steps for securing application than matter entered trade.

B.G.-VoL.

VI.-36* 4636 Cap.

340.]

Trade Marks.
of section prejudice to the provisions the registration (8)Without Ordinance, 34 of this of a person as a registered user- the goods in to subject or restrictions in the in writing ( a)may be varied by the Registrar of which, or any conditions respect which, it has effect, on the application prescribed mark to which the registration manner of the registered relates; proprietor as regards of the trade (b)ma)' be cancelled by the Registrar on the application in writing in the prescribed prietor of the trade mark; or or of the registered manner of the registered user or of any other registered pro­ user (c)may be cancelled by the Registrar on the application in writing the following in the prescribed that is to say- grounds, (i)that the registered manner of any person on any of otherwise than by way of the permitted way as to cause, or to be likely confusion; user has used the trade mark use, or in such a or to cause, deception � (ii)that the proprietor or failed to disclose, or the registered user mis­ to some fact material or that the circum­ for the registration, have materially changed since the date of the represented, the application stances registration; (iii)that the registration ought not to have been effected having regard to rights of a contract vested in the applicant by virtue in the performance of which be is interested.
(9)Provision shall be made by the rules for the notification of under the last foregoing user to any other ation of a person as a registered user of the trade mark, and for the notification of an the registr registered application proprietor and each registered the trade mark, and for giving to the applicant on such an application, notified with the rules, and to all persons and who intervene to whom such an application in accordance user (not being the applicant) in the proceedings subsection to the registered an opportunity of being heard.
is of (10)The Registrar may at any time cancel the registration of a person as a registered goods in respect of any user of a trade mark in respect of which the trade mark is no longer registered.

(11)Any decision of the Registrar shall be subject under the foreoing to appeal to the Court.

provi­ sions of this section (12)Nothing in this section of a trade mark any assignable thereof.

shall confer or transmissible on a registered user right to the use Trade J.11.arks.

[Cap.

340.

4637 31.


(1) No application of any goods shall be refused, be withheld, respect such registration that the applicant mark- for the registration of a trade mark in use Proposed of trade nor shall permission mark by on the ground only that it appears corporation to be con­ etc.
stituted, to use the trade does not use or propose for (a)if the tribunal to be constituted, trade mark to the corporation in relation is satisfied and that the applicant that a body corporate is about the to assign intends to those goods by the corporation; with a view to the use thereof or (b)if the application is accompanied of a person as a registered by an application user of the trade that the proprietor to those goods and the intends for in relation is s:-.,tisfied the registration mark, and the tribunal it to be used by that perso:i tribunal a registered the trade mark.
is also satisfied as of user thereof immediately will be registered after the registration that that person of section 28 of this Ordinance shall have (2)The provisions in relation by the foregoing (a) of subsection to a trade mark registered subsection, (1) of that section, effect, conferred paragraph the part of an applicant be used by him there were substituted on his part that it should be used by the corporation or regis­ tered user concei-ned.
that a trade mark should a reference under the power as if for the reference, for registration to intention to intention in on (3)The tribunal may, as a condition by subsection (1) of this section of the exei-cise of the in favour of to a corpora­ on the intention to assign him to give security for the costs of power conferred t who relies an applican tion as aforesaid, any proceedings before or appeal, treat the application and in default require the tribunal of such security relative being duly given may to any opposition as abandoned.
by subsection (4)"\¥here a ti-ade mark is registered (1) of this section in respect of any goods in to a to assign as may such period on intention within period not exceeding six being made to him has been the corporation as aforesaid, or within such further who relies then, unless under the power confarred of an applicant the name corporation be prescribed, months as the Registrar in the prescribed registered goods, the registration thereof amend the register at the expiration as the proprietor of accordingly.
manner allow, shall cease to have effect in respect of that period, shall and the Registrar the trade mark in respect of those may on application 4638 Cap.

340.]

Trad,e Marks.

Use of one of associa­ ted or sub­ stantially identical trade marks equivalent to use of another.

use of a 32.
use of a 32.

(1) Where under the provisions of this Ordinance ed trade mark is required to be proved for any purpose, may, if and so far as the tribunal thinks right, register the tribunal accept mark with additions identity, use of an associated registered or alterations trade mark, or of the trade not substantially affecting to be proved.
its as an equivalent for the use required (2)The use of the whole of a registered of this Ordinance the purposes any registered the name of the same proprietor section 23 of this Ordinance.

trade mark shall for be deemed to be also a use of in (1) of by virtue of subsection trade mark, being a part thereof, registered Use of trade mark for export trade.

33.The application to goods to be so exported in the Colony of a trade mark to goods to and any other act done in the if.
done in traded in within the shall be use of a trade mark therein, which, to goods to be sold or otherwise from the Colony, be exported Colony in relation relation Colony, would constitute deemed to constitute goods for any purpose Ordinance or at common law.

use of the trade mark for which such use is material in relation to those under this RECTIFICATION AND CORRECTION OF THE REGISTER.

General power to rectify entries register.


in by the non-insertion or by any entry made in or or by any entry wrongly sufficient of any entry, on the register, or by any error or defect 34.

(1) Any person aggrieved from the register cause, without omission in the register remaining in the register, may apply in the prescribed and subject or, at the option to the Registrar, of section 64 of this Ordinance, may make such order for making, entry as the tribunal (2)The tribunal any question in connection maY.
in any proceeding that it may be necessary with the rectification decide decide of the applicant expunging may think fit.

manner to the Court under this section or expedient of the register.
to � to the proVIBions and the tribunal the or varying in any entry (3)In case of fraud in the registrat ion, assignment of a registered mission apply to the Court under the provisions ( 4)Any order of the Court rectifying shall be served and the Registrar trade mark, the Registrar of this section the register that notice manner on the Registrar, the notice rectify of the rectification the register .

shall direct in the prescribed shall on receipt of accordingly.
conferred register by this section (5)The power to recitfy the or trans­ may himself power to remove a registration in Part A of the shall include register to Part B.

.

; Trade Marks.

[Cap.

340.

4639 O t e app cant an SU JeCt to t e proVISlOnS O vary registra- by any person aggrieved 35.

On application t th .

f h li d b" h a e opt10n section 64 of this Ordinance, by the Registrar order as the tribunal registration of, or failure relation a condition to observe, to the Court, thereto.
to the Registrar, the tribunal may think fit for expunging to the Court, or, Power to .

.

f expunge or or on application may make such c�!i�tiin.

the or varying f r f h ton of a trade mark on the ground of any contravention entered on the register in 36.

(1) The Registrar may, on request - proprietor manner by the registered made in the prescribed Correction of register.
( a) correct the registered any error in the name, address or description proprietor of a trade mark; of (b) enter any change in the name, address who is registered the entry of a trade mark out any goods or classes of the person (c)cancel (d)strike of a trade mark; on the register; of goods from those in as proprietor or description respect of which a trade mark is registered; or (e)enter a disclaimer or memorandum relating mark which does not in any way extend the rights the existing registration (2)The Registrar may,· on request of the trade mark.
made in the prescribed to a trade given by manner by a registered or enter any change, registered user.

user of a trade mark, correct any error, of the or description in the name, address (3)Any decision to appeal subject to the Court.

of the Registrar under this section shall be 37.

(1) The registered in the prescribed manner alter the trade mark in any manner thereof, the identity grant it on such terms and subject think fit.
and the Registrar proprietor to the Registrar of a trade mark may apply for leave to add to or affecting not substantially Alteration of registered trade mark.
may refuse to such limitations leave or may as he may (�) The Registrar may cause an application under this section in the prescribed to him that it is expedient the prescribed gives notice to be advertised appears so, if within ment any person manner of opposition after hearing the parties if so required, decide manner in any case where it so to do, and where he does time from the date of the advertise­ to the application, to the Registrar in the prescribed shall, the Registrar the matter.
shall be (3)Any decision of the Registrar under this section subject to appeal to the Court.

4640 Cap.

340.J Trade Marks.

(4)Where leave as aforesaid shall be advertised the trade mark as altered manner, has already been advertised, altered, is granted, in the prescribed unless in the form to which it has been in an advertisement under subsection (2) of this it section.
may from time to time make such forms and generally do such things in Council Adaption of entries in register to amended or substituted classification of goods.

38.
38.

(I) The Governor prescribe expedient, whether such rules, as he thinks the register, therein, so far as may be requisite the designation therein of which trade marks are registered stituted classification for empowering of the goods or classes by making or expunging the Registrar or varying to amend entries of adapting of goods in respect for the purpose that may be prescribed.
to any amended or sub­ that would have the effect of adding any goods or classes in exercise of any power conferred make any amendment of the aforesaid, shall not, (2)The Registrar on him for the purpose register of goods to those in respect (whether ment is to be made, or of antedating mark in respect Provided in one or more classes) of any goods: of which a trade mark is registered before of a trade the registration immediately the amend­ that this subsection shall to goods as to which the Registrar with this subsection complexity be, would not affect any substantial not substantially in relation the addition prejudice and that the rights is satisfied not have effect in relation that compliance would involve undue thereto or antedating, as the case may of goods and would quantity of any person.
(3)A proposal for the amendment shall be notified shall be subject for the of the register to the registered to appeal by the shall be advertised with any by any the Registrar before to the Court, aforesaid purpose of the trade mark affected, registered proprietor modifications, and may be opposed person aggrieved contravenes the provisions the decision subject to appeal to the Court.
of the Registrar of the last foregoing subsection, and shall be on any such opposition proprietor on the ground that the proposed amendment CERTIFICATION TRADE MARKS.

Certification trade marks.

39.


(1) A mark adapted in relation to any goods to distinguish by any person in respect in the course of trade goods certified or origin, material, other characteristic, trable respect of those goods in the name, as proprietor person: mode of manufacture, from goods not so certified as a certification quality, in thereof, of that accuracy shall be regis­ or trade mark in Part A of the register Trade Marks.

[Cap.

340.
[Cap.

340.

4641 Provided that a mark shall not be so registrable in the name of a person who carries on a trade in goods of the kind certified.

(2)In determining whether a mark is adapted the tribunal may have regard to the extent to to distinquish as aforesaid, which- to distinguish as afore­ adapted to the goods in question; (a)the mark is inherently said in relation (b)by reason stances, in relation (3)Subject to the goods in question.
to the provisions the mark is in fact adapted and of the use of the mark or of any other circum­ to distingmsh as aforesaid the regis­ prejudice of subsections (4) to (6) of this 9 and 10 of this Ordinance, of a certification trade mark in give to that person the and, without to the generality that right shall be deemed to be infringed as proprietor if valid, right to the use of the trade mark in relation and of sections of a person of any goods shall, section, tration respect exclusive goods, words, who, not_ being the proprietor authorised in accordance nearly in the course it is registered, and in such manner as to render mark likely it as to be likely in relation uses a mark identical to deceive by any person of the trade mark or a person in that behalf or cause confusion, of which to those of the foregoing by him under the regulations to any goods in respect therewith, resembling the use of the of trade, with it or so using it 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 or in an advertising advertisement issued to the public, as importing to some person having the right either authorisation mark or to goods certified by the proprietor.
(4)The right to the use of a certification thereto as proprietor or by his use the trade circular or other a reference trade mark given to any conditions entered and shall not be deemed by the use of any such mark as aforesaid on the register, shall be subject by registration as aforesaid or limitations to be infringed mode, in relation any place, in any other circumstances, limitations, to which, the registration does not extend.
to goods to be exported in relation in any in in or to any such to any market, having regard to goods to be sold or oLherwise traded under the relevant regulations to ( 5)The right to the use of a certification registration by the use of any such mark as aforesaid as aforesaid shall not be deemed to be infringed trade mark given by by any person- by the proprietor of the ( a)in relation to goods certified trade mark if, as to those goods or a bulk of which they form 4642 Cap.

340.]

Traiie Marks.
or another under the relevant part, the proprietor sation mark and has not subsequently the proprietor sented regulations removed has at any time expressly or impliedly the trade it, or con­ to the use of the trade mark; or in accordance has applied with his authori­ or obliterated (b)in relation to goods adapted goods in relation infringement to form part of, or to be to which the trade mark of the right given as or might for the time being be so used, if the use necessary and neither accessory to, other has been used without aforesaid of the mark is reasonably the goods are so adapted effect of the use of the mark is to indicate accordance proprieto r: Provided that paragraph nor the than in otherwise by the fact that the goods are certified in order to indicate that the purpose (a) of this subsection effect in the case of use consisting mark as aforesaid are such goods as are mentioned application is contrary of the application shall not have of any such tanding that they in that paragraph, if such regulations.
to any goods, notwiths to the relevant with the (6)Where a certification trade mark is one of two or more the use of any of those trade marks in exercise registered trade marks that are identical each other, right to the use of that trade mark given by registration not be deemed to be an infringement use of any other of those trade marks.
(7)There shall be deposited of the right so given to the or nearly resemble of the shall Office in respect at the Patent of ap­ regulations the use thereof, as to the cases in which the pro­ the use of the trade that the Governor therein (including to the Registrar against registered under this section for governing in Council provisions goods and to authorise every trade mark proved by the Governor which shall include prietor is to certify mark, and may contain any other provisions in Council may require provisions conferring any refusal of the proprietor the use of the trade mark in accordance Regulati manner as the register.
(8)A certification otherwise or permit a right of appeal ons so deposited to be inserted missible Council.

trade mark shall not be assignable or trans­ of the Governor in than with the consent to certify goods or to authorise with the regulations).

in like shall be open to inspection First schedule.

(9)The provisions shall have effect with respect this section of the first schedule to the registration to this Ordinance of a mark under and to marks so registered.

Trade Marks.

[Cap.

340.

4643 PART II.


REGISTRATION OF UNITED KINGDOM TRADE MARKS.


by virtue or substituted of an entry in the register 40.Any person being the registered proprietor tfi:�1 mark in the United l{.ingdom of trade marks kept under the Trade Marks Act, 1938, or any mar Act amending title of transfer, registration registered comprised the existence may apply at any time dU1·ing in the United Kingdom to have such trade mark c.;�: of some or all of the goods in the Colony in respect in the United Kingdom registration.
for that Act, or any person by assignment of a trade tpplici_ition 1 �;:�0 � �-egis­ deriving tr�1tea.° or other mode Kingdom.

of the i andil: from such registered proprietor 41.An application for registration of a trade mark under Doc� � this Part of this Ordinance shall by a certified accompanied of the Comptroller-General a certificate Patent full particulars Kingdom.
of the trade mark and of the United Kingdom of Trade Marks) giving of the trade mark in the United his title of of the registration representation Registrar Office (under nts reqmre · be made to the Registrar and 42.Upon such application being in section shall enter the prescribed the documents mentioned Registrar of the register, to the applicant, in the Colony of the trade mark in respect in the register.
and shall issue a certificate who shall then be the· registered of registration proprietor of the goods entered lodged, Certificate of registra­ 41 of this Ordinance, tion.

together with the particulars in Part C proprietor to the provisions 43.Subject a registered and rights entered on him by the law for the time being in force in the United Kingdom.

in the use of the trade mark in respect of the goods would be conferred of this Part of this Ordinance, Privileges conferred by certificate.
shall have in the Colony such privileges in the register mutandis, as, mutatis and rights 44.The privileges 43 of this in the United shall date from the date of registration in force, conferred Ordinance Kingdom and shall continue of section the United Kingdom remains for which the trade mark is registered 50 of this Ordinance, to the provisions for so long as the registration in force in respect in the Colony: by section of the goods subject Duration of privileges.
in Provided that no action shall be entertained to the date of issue of the certificate in respect of any use of the trade mark prior of registration for infringement of the trade mark in the Colony.

4644 Cap.

340.J Trwie Marks.

"Passing off " actions not affected.

45.Nothing affect any right of action goods as those of another thereof.

in this Part of this Ordinance against person or any remedy in respect any person for passing shall be deemed to off Colll't may declare privileges uot acquired.
that his interests upon the application by the issue of a certificate 46.The Court shall have power, person who alleges affected any of the grounds, mutatis Kingdom registration might be cancelled time being in force in the United Kingdom that the exclusive privileg of any have been prejudicially to declare of registration, on which the United under the law for the have not been acquired.

mutandis, es and rights on Registration of assign­ ment, etc.
entitled of this Part of this Ordinance, by assignment conferred or other mode of on a registered to the provisions becomes to the privileges 47.Subject where a person transfer proprietor on application being made in the prescribed proof of title in the register mark.

by this Part of this Ordinance, to his satisfaction, as subsequent registered and on manner, to be entered cause such person of the trade proprietor the Registrar and rights shall, Registered users.

1 and 2 Geo.

VI, c.22.


in the United Kingdom register 28 of the Trade Marks Act, 1938, as of any goods of which a certificate of 48.Any person entered Trade Marks under section user in respect a registered of registration apply to be registered mark in respect conditions register.
under this Part of this Ordinance is in force may in the Colony as a registered user of the to any subject of some or all of such goods, entered or restrictions in the United Kingdom Registrar to enter United Kingdom registered users on application.
being lodged, 49.Upon such application together with a certificate of Trade Marks of the United Kingdom Registrar giving full particulars of the entry in the United Kingdom register under section to be entered in the register and on such entry the registered Colony subject to the aforesaid such privileges in respect entered law for the time being in force in the United Kingdom.
in the user shall be entitled to and restriction.c::, which he is on him by the shall cause the applicant of the goods for would be conferred 28, the Registrar as a registered user of the trade mark, as, miitatis conditions mutandis, and rights Renewals registration.

of 50.If the registration in the United Kingdom of a trade mark registered the registered proprietor of renewal under this Part of this Ordinance is.
renewed, may, within such time after the date notify in the United Kingdom as may be prescribed, jl ·,I Trade Marks.

[Cap.

340.

4645 who shall then on sufficient the Registrar, on payment register register in the prescribed is not so renewed evidence fee, renew the registration manner.

If the registration it shall be cancelled and in the in the of the prescribed thereof by the Registrar.
51.The Registrar registered proprietor, may, on request and on payment in writing made by the Alterations in the of the prescribed register.
of a trade mark or of a registered the registration fee- (a)cancel user thereunder either goods in respect user is registered; wholly or as regards any particular of which the trade mark or the registered (b)correct application which is entered any clerical error in or in connection with any or in any matter under this Part of this Ordinance in the register; (c)enter into the register any change in the name, descrip­ tion or address or user of a trade mark.
of the person who is registered as proprietor PART UL-GENERAL AND MISCELLANEOUS.

52.

(1) The Governor prescribe expedient- such rules, he thinks RULES AND FEES.

in Council such forms and generally may from time to time make as do such things Power of Governor in Council to make rules.
including ( a)for regulating the service (b)for classifying the practice of documents; goods for the purposes under this Ordinance, of registration of trade marks; (c)for making or requiring duplicates of trade marks and other documents; (d)for securing or distributing, trade marks and other documents; and regulating in such manner as he thinks the publishing of fit, of copies and selling for regulating the business to trade marks and all things (e)generally Office in relation or control nance placed shall, (2)Rules made under this Ordinance be of the same effect as if they were contained under the direction of the Patent by this Ordi­ while in force, of the Registrar.
in this Ordinance.

shall be (3) Any rules made in pursuance of this section published in the Gazette.

53.There shall be paid in respect of applications and registra­ Fees.

tion and other matters be prescribed of the Governor in Council.

under this Ordinance such fees as may by the Registrar with the approval and consent 4646 Cap.

340.]

Trade Marks.

POWERS AND DUTIES OF REGISTRAR.

Preliminary advice by Registrar as to <lis­ tinctiveness.

54.
54.

(1) The power to give to a person who proposes the trade mark appears to apply of a trade mark in Part A or Part B of the to the to distinguish, for the registration register Registrar primafacie to be inherently capable of the Registrar adapted may be, shall be a function of distinguishing, under this Ordinance.

advice as to whether as the case or (2)Any such person who is desirous to the Registrar of obtaining therefor must make application manner.
such advice in the prescribed (3)If on an application for the registration has given advice as aforesaid of a trade mark made within three months after the advice after further to the applicant as to which the Registrar affirmative, the Registrar, notice mark is not adapted as the case may be, the applicant notice of withdrawal period, application.
of objection in the is given, gives on the ground that the trade or capable shall be entitled, on giving to have repaid to him any fee paid on the filing of the to distinguish, of the application within the prescribed investigation or consideration, of distinguishing, Hearing before exercise Registrar's discretion.
of or other power is given to the 55.·where any discretionary by this Ordinance or the rules, to the applicant Registrar that power adversely registered proprietor duly required applicant so to do within the prescribed an opportunity or registered proprietor time) giving of being heard.

of the trade mark in question (if without to the for registration or the he shall not exercise Power of Registrar award costs.
to 56.In all proceedings before the Registrar under this Ordi­ shall have power to award to any party nance, the Registrar how and such costs as he may consider by what parties they are to be paid, and any such order may, by leave of the Court or a judge thereof, manner as a judgment or order of the Court to the same effect.

reasonable, be enforced and to direct in the same LEGAL PROCEEDINGS AND APPEALS.

Registration to be priniafacie evidence of validity.
relating 57.In all legal proceedings mark (including applications the fact that a person is registered mark shall be prima facie evidence registration of the trade mark and of all subsequent and transmissions thereof.

as proprietor of the validity of the trade of the original assignments under section 34 of this Ordinance) to a registered trade Trade 1J1arlcs.

[Cap.

340.
[Cap.

340.

4647 of the proprietor of the trade mark, the Court in which the validity of the regis­ and is trade mark comes into question Certificate of valiclity.

58.In any legal proceeding of a registered in favour to that effect, legal proceeding tration decided may certify sequent comes into question ing a final order or judgment costs, charges in the subsequent not to have them.
and expenses proceedings the proprietor and if it so certifies in which the validity then in any sub­ of the registration of the trade mark on obtain­ in his favour shall have his full solicitor thP-Court certifies and client, that he ought as between unless before 59.

In all proceedings Costs of rar e of the Court, shall be in the discretion i�:� !

to pay the costs of any ceedings the costs of �he Registrar but the Registrar other of the parties.
the Court under this Ordinance shall not be ordered before Cou.rt.

60.In any action or proceeding relating trade name, the tribunal trade concerned or get-up legitimately and of any relevant shall admit evidence of the trade mark or trade name used by other persons.

to a trade mark or of the usages Trade usage, etc., to be considered.

61.
61.

(1) In any legal proceeding in which the relief sought rar's Regist of the register, the Registrar r:t:���:d� and shall appear if ings_involving rect1ficat10 n. alteration includes or rectification shall have the right to appear and be heard, d. t d b th C t so irec e y e our .
(2)Unless otherwise the Registrar directed by the Court, and being heard may submit to the Court a of the to the matter in issue or of it or of the given by him affecting him in relation by him, giving particulars in signed lieu of appearing in writing statement before proceedings the grounds of any decision practice relevant he thinks the evidence in the proceeding.
of the Patent Office in like cases or of such other to the issues, fit, and the statement matters as as Registrar, shall be deemed to form part of his knowledge and within 62.The Court, of the register of section decision sought correction in dealing (including 34 of this Ordinance), with any question all applications of the rectification Court's f:�;;� under the provisions to any Re�i�trar's shall have power to review to the entry in question or the decmon.

relating of the Registrar to be made.


63.In any appeal from a decision Court under this Ordinance, the same discretionary conferred upon the Registrar.

of the Registrar Discretion of Court in the Court shall have and exercise appeals.

powers as under this Ordinance to the are 4648 Cap.

340.J Trade Marks.

Procedure in cases of option to apply to Court or Registrar.
64.Where under any of the foregoing provisions to make an application either of this Ordi­ nance an applicant to the Court or to the Registrar- concerning ( a)if an action has an option pending, the application the trade mark in question is must be made to the Court; (b)if in any other case the application is mad� to the Registrar, application determine the Court.
he may, at any stage of the proceedings, to the Court, the question or he may, after hearing the parties, between them, subject to appeal to refer the EVIDENCE.

I' Mode of giving evidence.


65.In any proceeding under this Ordinance shall be given by statutory before declaration of directions to the contrary, it right so to do, he may take evidence trar, the evidence absence he thinks lieu of or in addition statutory declaration the Court in lieu of evidence have all the incidents by declaration may in the case of appeal be used before but if so used shall by affidavit, and consequences of evidence viva voce in .
Any such but, in any case in which to evidence by affidavit.

the Regis­ in the In case any part of the evidence is taken viva voce, the Regis­ the attendance of requiring of witnesses on oath, be in the same position in all trar shall, in respect and taking evidence respects as the Court.

of Evidence entries in register.

66.

(1) A printed or written to be certified purporting by the Registrar seal of the Patent Office, shall be admitted courts, and in all proceedings, without tion of the original.
with the in evidence in all proof or produc­ further copy of any entry in the register, and sealed (2)Any person requiring such a certified shall be entitled to obtain it on payment copy as aforesaid of the prescribed fee.

Evidence of things done by Registrar .


67.A certificate as to any entry, purporting to be under the hand of the Registrar by this Ordinance evidence thereof, or the rules to make or do shall be pi·ima f acie of the entry having been made, and of the contents and of the matter or thing having been done or not done.

matter or thing that he is authorised OFFENCES AND RESTRAINT OF UsE OF ROYAL ARMS.
68.If any person makes or causes to be made a false entry falsely or produces purporting or tenders to be a copy of an to be pro­ or causes in Falsification of entries register a mis­ demeanour.

or a writing in the register, entry in the �egister, duced or tendered entry or writing to be false, in evidence any such writing, knowing the of a misdemeanour.

he shall be guilty Trade Marks.

[Cap.

340.

4649 69.

(1) Any person who makes a representation-fa��:i�Y trade.
representing to a mark not being a registered (a)with respect ec at 1t 1s a registere d d k .

tra e mar ; or as registered.

a trade mark .

.
for mar , o e e k t th ff t th (b)with respect to a part of a registered trade mark not being a part separately effect that it is so registered; registered or as a trade mark, to the (c)to the effect that a registered of any goods in respect trade mark is registered of which it is not registered; in respect or (d)to the effect that the registration of a trade mark in any circumstances on the register, entered gives in right to the use thereof an exclusive which, having regard to limitations the registration does not give that right; on summary conviction shall be liable fifty dollars.
to a fine not exceeding (2)For the purposes use in the Colony of this section, the to a trade mark of the word " registered in relation other word referring tion, shall be deemed to import a reference except- register, expressly ", or of any to registra­ in the to registration or impliedly whether (a)where that word is used in physical association with other words delineated in characters in which that word is delineated reference country of which the registration is to registration the Colony, outside referred as a trade mark under the law of a being a country under the law to is in fact in force; (b)where that word (being a word other than the word at least as large as those that the and indicating "registered is to such registration such as to indicate as last aforesaid; ") is of itself that the reference or to a mark registered (c)where that word is used in relation law of a country as a trade mark under the and in relation to goods to be exported outside the Colony to that country.
without with any trade, of Her Majesty, uses, the the authority business, Restraint of use of or profession, Royal Arms, etc.
in such manner as to be calculated to lead so to use the Royal Arms, the same as to be resembling calling that he is duly authorised 70.If any person, in connection Royal Arms ( or arms so closely calculated to deceive) to the belief or if any person, member of the Royal Family, business, calling or profession, such manner as to be calculated employed without the authority uses, in connection or of a of Her Majesty with any trade, any device, to lead to the belief emblem or title in that he is or such member by, or supplies goods to, Her Majesty B.G.-VoL.
VI.-37 4:650 Cap.

340.J Trade Marks.

to use such arms or such device, he may, at the suit of any person who is or emblem or title, of the Royal Family, authorised is authorised by the Governor be restrained by injunction that nothing Provided from continuing so to use the same: shall be construed in this section if any, of the proprietor the right, any such arms, device, emblem or title to continue as of a trade mark con­ to affecting taining use such trade mark.
to take proceedings in that behalf, MISCELLANEOUS.

Change of form of trade con­ nection not to be deemed to cause deception.
71.The use of a registered trade mark in relation to goods which and the person using it any form of connection between in the course cause deception mark has that person or a predecessor in the course connection of trade subsists or confusion been, or is, used in relation shall not be deemed to be likely the trade on the ground only that which and to goods between form of in title of his a different of trade subsisted or subsists.

to Jointly owned trade marks.
72.Where the relations between ested in a trade mark are such that no one of them is entitled between two or more persons inter­ as of them to use it except- himself (a)on behalf (b)in relation and the other or others of both or all of them; or to an article are connected in the course of trade; with which both or all of them may be registered as joint proprietors of the trade to any shall have effect in relation as if in those persons to the use of the trade mark vested in a single person.
those persons mark, and this Ordinance rights those rights had been vested as aforesaid, Subject the registrat independently, thereof.

or propose nothing ion of two or more persons in this Ordinance shall authorise who use a trade mark so to use it, as joint proprietors Trusts and equities.

73.

( 1) There shall not be entered in the register or constructive, any notice nor shall any such of any trust express, notice implied by the Registrar.
be receivable (2)Subject to the provisio ns of this Ordinance, equities in respect in respect of a trade mark may be enforced property.

of any other personal in like manner as Recognition of agents.

74.Where by this Ordinance any person mark or any procedure in connection any act has to be done by or to with a trade mark or proposed the act may under and thereto, relating trade Trade Marks.

[Cap.

340.

4651 with the rules, in accordance leave of the Registrar duly authorised in the prescribed manner.
be done by or to an agent of that person or in particular cases by special 75.

(1) The Patent Office shall be situate at the Deeds Patent Office.

Registry, may be appointed by the Governor.

Georgetown, Demerara, or at any other place that (2)The Patent Office shall be under the immediate control of the Registrar.

(3)All things required to be done by, to or before before authorised a deputy registrar by the Registrar.
or authorised the Registrar or by, to or before under this Ordinance may be done by, to or any other officer 76.

(1) Impressions noticed judicially of the seal of the Patent Office shall be i eal 0f in evidence.

o��!.

and admitted (2)The seal of the Patent Office shall be the seal of the Deeds Registry with the words "Patent Office", added thereto.

SUPPLEMENTAL.

77.The transitional hi O di h 11 h ff .

h tot s r nance s a ave e ect wit respect therein respectively.
Tran�i�ional set out in the second schedule provisions.

h to t e matters second schedule.

provisions mentioned J rule, determination, is hereby repealed.

in this Ordinance shall affect any order, 78.

(1) The Trade Marks Ordinance Repeal and savings.

Cap.

59 of the 1929 Edition.


or approval made, or thing done, under the enactment made, table of fees or certificate direction or requirement decision, (2)Nothing regulation notice, issued, given, application repealed tion, requirement, determination, direction, if in force at the commencement force and shall, or.

done under this Ordinance, given or done under the corresponding nance.
rule, regula­ table of fees, certificate, or thing shall, of this Ordinance, continue issued, notice, application so far as it could have been made, have effect as if made, issued, by this Ordinance; and every such order, in given approval, enactment decision, of this Ordi­ (3)Any document referring shall be construed to any enactment as ref erring repealed by to the corres­ enactment of this Ordinance.

this Ordinance ponding B.G.-VoL.

VI.-37* 4652 Cap.

340.J Trade Marks.

Cap.

5.


(4)Nothing in this section shall be taken to prejudice the Ordinance.

29 of the Interpretation of section provisions Date of commence­ ment of Ordinance.

79.This Ordinance shall come into operation the Governor shall appoint by Proclamation* Gazette.

on such day as published in the s.39.

FIRST SCHEDULE.

1,: CERTIFICATION TRADE MARKS.

1.


(1) An application for the registration of a mark under section 39 of this Ordinance must be made to the Registrar manner by the person proposed to be registered in writing as the proprietor in the prescribed thereof.
(2)The provisions of subsection (2) and of subsections in relation 39 as they have effect in relation shall have effect to an application to an application (4) to (7) of 19 of this Ordinance section under the said section under subsection to acceptance of an application authorisation to proceed (1) of the said section with the application.
19, except that for references therein references to there shall be substituted shall have regard to the like considerations, (3) In dealing under the said provisions said section 39 the tribunal far as relevant, of this Ordinance the competence paragraph) desirability indication relevant of securing that it is such a trade mark.
as if the application were an application and to any other considerations (not being matters within of the Governor in Council under subparagraph to applications under the said section (5) of this 39, including the with an application under the so 19 under section that a certification trade mark shall comprise some (4)An applicant for the registration of a mark under the said section 39 to the Registrar shall transmit draft regulations at such time before the decision of the Registrar may require shall report thereon in order to enable him to consider in Council.
to the Governor (5)When authorisation for governing the use thereof on the application the draft, and the Registrar as he to proceed with an application has been given, in Council shall consider the application with regard to the the Governor following matters, that is to say- (a)whether the applicant is competent to certify the goods in respect of which the mark is to be registered; (b)whether the draft regulations (c)whether in all the circumstances are satisfactory; and the registration applied for would be to the public advantage; and may either- (i)direct that the application shall not be accepted; or (ii)direct the Registrar to accept the application, and approve the regulations, to any conditions of the application regard to any of the matters aforesaid; either without modification or limitations, or of the regulations, or to any amendments and unconditionally or subject or modifications which he thinks requisite having •Up to the 1st July, 1953, no proclamation had been issued.
Trade Marks.

[Cap.

340.

4653 for acceptance and approval in Council an opportunity without shall not decide of being heard: the Governor and unconditionally, to the applicant in Council but, except in the case of a: direction modification the matter without Provided giving that the Governor made with the concurrence regard the application shall be at liberty to reconsider under this proviso the application to any of the matters if any amendment has been given, or in the draft regulations.
aforesaid of the Registrar, may, at the request consider authorisation that the Governor any matter on which he has given a decision with the application with to proceed in Council before so however of the applicant or modification is thereafter made in 2.
(1) When an application has been accepted, acceptance, manner, cause the the Registrar as shall, as accepted to application of subsections in the prescribed 20 of this Ordinance of the mark as if the application and the provisions shall have effect in relation to the under had been an application soon as may be after such be advertised (2)to (11) of section registration section 19 of this Ordinance: Provided that, in deciding under the said provisions, the tribunal only to the considerations paragraph, referred and a decision shall be conditional have regard the last foregoing favour of the applicant under subparagraph of the matters referred to in subparagraph (2) of this paragraph on the determination in his favour of any opposition to any relating (5) of the last foregoing to in subparagraph under the said provisions paragraph.
shall (3) of in (2)When notice of opposition to in subparagraph the parties, referred after hearing shall, decide whether, or modifications having regard and subject of the application to those matters, is given relating (5) of the last foregoing if so required, to what conditions and considering or limitations, the Registrar any evidence, or amendments to any of the matters paragraph, or of the regulations, if any, registration is; to be permitted.

3.
3.

(1) The regulations may, on the application Registrar deposited of the registered of the Governor with the consent in respect of a certification trade mark be altered proprietor, by the in Council.
(2)The Governor in Council in any case where it appears may cause an application to the Governor for his consent in Council to be advertised that it is expedient an application the advertisement tion, the Governor parties an opportunity to be advertised, so to do, and, where the Governor the prescribed to him of opposition the matter without if within gives notice shall not decide in Council time from the date of any person in Council to the applica­ the giving causes of being heard.

4.
(1) The Governor in Council may, on the application in the prescribed manner of any person such order as he thinks relating on the ground- to a certification aggrieved, fit for expunging or on the application or varying trade mark, or for varying of the Registrar, any entry in the register the deposited regulations, make ( a)that the proprietor is no longer competent, of which the trade mark is registered, in the case of any of to certify those the goods in respect goods; (b)that the proprietor regulations to be observed deposited has failed to observe on his part; to the public advantage (c)that it is no longer that the trade mark a provision of the shoi.ud be registered; or r 4654 Cap.
340.]

Trooe Marks.

(d)that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied; and neither an order under section the Court nor the Registrar 34 of this Ordinance shall have any jurisdiction on any of those grounds.

to make (2)The Registrar shall rectify in such manner as may be requisite the foregoing subparagraph.

the register for giving effect to an order made under and the deposited regulations 5.
Notwithstanding anything shall not have any jurisdiction Registrar party on an appeal to him against trade mark to certify in section 56 of this Ordinance, the to award costs to or against any of a certification of the proprietor the use of the trade mark.

a refusal goods or to authorise 6.

The following provisions of this Ordinance to a certification 11, sections relation section subsections (4) to (8) of section provisions the operation registration in Part B of the Register.
trade mark, that is to say, section as expressly 6, section by this schedule), 19 and 20 (except 24, sections applied 28 to 31, section 71, and any of which is limited by the terms thereof to shall not have effect in 8, s.77.

SECOND SCHEDULE.

TRANSITIONAL PROVISIONS.

I.

(1) Nothing in tnis Ordinance of a trade mark which immediately shall be taken to invalidate the original before the commencement of registration this Ordinance upon the register.
(2)Nothing in this Ordinance shall subject was validly any person to any liability of this Ordinance in respect to which he would not have been subject of any act or thing done before the commencement under that Ordinance. '

ASSIGNMENTS AND TRANSMISSIONS (BEFORE APPOINTED DAY) GIVING EXCLUSIVE RIGHTS IN DIFFERENT PLACES IN THE COLONY.

2.
(1) The validity of an assignment or transmission of a trade mark effected or claimed to have been effected before the appointed such case as is mentioned shall be determined of that section in subsection as if the provisions (6) of section contained had not been enacted: in subsections (1) to (5) day, in any 24 of this Ordinance, Provided that, on application made in the prescribed of this Ordinance, or transmission of a registered in title of his has been so effected, manner within two by a person who claims trade mark to him or to shall have the the Registrar as under the proviso to subsection (6) of section 24 of this and an assignment invalid years from the commencement that an assignment a predecessor like jurisdiction Ordinance, be deemed to have been rights as are mentioned assignment the goodwill of the goods in respect was for the registration person becoming entitled the approval or transmission of a business or transmission on the ground of the in the said subsection was effected otherwise or was effected in respect approved by him shall not of such subsistence (6) or on the ground that the than in connection with of some (but not.
all) of which the trade mark was registered, under section 27 of this Ordinance of the title of the if application is made within six months from the date on which is given, or was made before that date.

(2)Any decision of the Registrar under this paragraph shall be subject to appeal to the Court, .. Trade Marks.

[Cap.

340.

4655 SAVING AS TO RETROSPECTIVE RELATING TO ASSIGNMENTS PROVISIONS AND TRANSMISSIONS.
3.The retrospective provisions contained paragraph, shall have effect without prejudice in Mction 24 of this Ordinance, to and in the last foregoing any determination of a competent day, or to the determination to any title acquired for valuable tribunal that was made before the appointed of any appeal from a determination so made, or before the appointed day.
consideration ASSOCIATION WHOLE ONLY UNDER THE TRADE MARKS ORDINANCE, OF TRADE MARKS ASSIGNABLE OR TRANSMISSIBLE AS A CHAPTER 59 OF THE 1929 EDITION.

4.
4.

Where immediately before the appointed subject to a condition day a trade mark was rendering only as a whole with another trade mark registered or with two or more other trade marks so regis­ it assignable in the in Part B of the register registered or transmissible name of the same proprietor tered, and not separately, trade marks, and the entries accordingly.
the trade marks shall be deemed to be associated in the register relating thereto may be amended PREVIOUS USE OF A TRADE MARK BY PERSON BECOMING REGISTERED USER ON APPLICATION MADE WITHIN ONE YEAR OF APPOINTED DAY.

5.
Where a person is registered as a registered user of a trade mark on (2) of section 30 of this Ordinance made within one year from the commencement to any previous an application nance, subsection relation this Ordinance) goods in respect to conditions with, as if such previous of this Ordi­ shall have effect in or after the commencement of being use in relation to the and, where he is registered of the trade mark by that person, of which he is registered or restrictions, subject being use such as to comply substantially there­ use (whether before use had been permitted use.
USE OF TRADE MARK FOR EXPORT TRADE BEFORE APPOINTED DAY.

... 6.Section 33 of this Ordinance to an act done before the appointed relation to an act done after the commencement however, before the appointed determination so made.
to any determination of a competent tribunal day, or to the determination of this Ordinance, without prejudice, which was made of any appeal from a shall be deemed to have had effect in day as it has effect in relation TRADE MARKS REGISTERED UNDER SECTION 54 OF THE TRADE MARKS ORDINANCE, CHAPTER 59 OF THE 1929 EDITION, TO BE DEEMED TO HAVE UNDER SECTION 39 OF THIS ORDINANCE.

BEEN REGISTERED 7.
BEEN REGISTERED 7.

Section 39 of this Ordinance shall have effect, in relation before the appointed 54 of the (repealed) mark that immediately of section Trade Marks Ordinance, 39 had been in force at the date of the registration had been registered modifications, that is to say- (a)the proviso under that section, to sub1Jec;tion subject, day was on the register to a trad(I by virtu,.i as if the said section of the trade mark and it however, to the following (1) of the S!l!id 1;1ec;tiop.
39 1;1haU not applyi 4656 Cap.

340.]

Trade Marks.
(b)in a case in which regulations the use of the trade of this at the Patent Office at the commencement those regulations shall be deemed to have been deposited for governing mark are deposited Ordinance, under the said section 39; (c)in a case in which no such regulations mencement be required registration, Registrar of this Ordinance, by the Registrar to deposit may permit or require; and the proprietor as a condition at any time thereafter are deposited at the com­ shall be at liberty, or may of the of the continuance as the such regulations (d)in a case in which no such regulations are for the time being 39 shall have effect as if references had been to the regulations to this Ordinance, therein, the said section deposited, and in the fast schedule omitted. '