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TRADEMARKS ACT (CHAPTER 26:04)
Acts 2/1974, 44/1975 (s. 14), 15/1981, 29/1981, 11/1991 (s. 18), 20/1994 (s. 8), 22/2001 (s.4); R.G.N 1135/1975.
ARRANGEMENT OF SECTIONS
- Short title.
- Trade Marks Office, Controller, Registrar of Trade Marks and other officers.
- Register of Trade Marks.
EFFECTOFREGISTRATION AND ACTION FORINFRINGEMENT
- No action for infringement of unregistered trade mark.
- Registration to be in respect of particular goods or services.
- Infringement of rights given by registration in Part A or Part B.
- Infringement by breach of certain restrictions.
- Saving of vested rights.
- Saving of use of name, address or description of goods and of utilitarian features of distinguishing guise.
REGISTRABILITY AND VALIDITY OFREGISTRATION
- Distinctiveness requisite for registration in Part A.
- Capability of distinguishing requisite for registration in Part B.
- Prohibition of registration or maintenance of registration of deceptive, etc., matter.
- Prohibition of registration of identical or resembling trade marks.
- Registration in Part A to be conclusive as to validity after five years.
- Registration subject to disclaimer.
- Requirements in regard to blank spaces.
- Words used as name or description of an article, substance or service.
- Effect of limitation as to colour and of absence thereof.
PROCEDUREFOR, AND DURATION OF, REGISTRATIONIN PARTA OR PART B
- Application for registration in Part A or Part B.
- Opposition to registration and appeals.
- Duration and renewal of registration.
- Registration of parts of trade marks.
- Registration of trade marks as a series.
ASSIGNMENT AND TRANSMISSION
- Powers of, and restriction on, assignment and transmission.
- Power of registered proprietor to assign and give receipts.
- Registration of assignments and transmissions.
- Certain trade marks to be associated so as to be assignable and transmissible as a whole only.
- Removal from Register and imposition of limitation.
- Defensive registration of well known trade marks.
- Registered users.
- Proposed use of trade mark by corporation to be constituted, etc.
- Use of one of associated or substantially identical trade marks equivalent to use of another.
- Use of trade mark for export trade.
RECTIFICATION AND CORRECTION OF REGISTER
- General power to rectify entries in Register.
- Power to expunge or vary registration for breach of condition or registration of distinguishing guise.
- Correction of Register.
- Alteration of registered trade mark.
- Adaptation of entries in Register to amended or substituted classification of goods or services.
- Certification mark to be distinctive.
- Right given by registration of certification mark.
- Application for registration of certification mark.
- Advertising of acceptance of application.
- Rules governing use of certification mark.
- Rectification of Part C of Register.
- Assignment or transmission of certification mark.
- Appeals against refusal by registered proprietor to certify goods or services.
- Provisions of the Act not applicable to certification mark.
FUNCTIONS OF REGISTRAR INRELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS
- Preliminary advice byRegistrar as to distinctiveness, deceptiveness, etc.
- Hearing before exercise of Registrar’s discretion.
- Evidence of certain entries and documents.
- Inspection of documents.
- Power of Registrar to award costs.
- Proceedings before Registrar.
- Advertisements to be approved by Registrar.
- Trade mark agents and their functions.
- Qualifications and registration of trade mark agents.
- Removal of names from Register of Trade Mark Agents.
- Privileges of legal practitioners and patent agents.
- Entitlement to practise as trade mark agent and power of Controller to refuse to deal with certain agents.
- Prohibition of certain acts of trade mark agents.
APPEALS AND LEGAL PROCEEDINGS
- Tribunal to hear appeals.
- Right of audience.
- Time for appeals.
- References to Tribunal by Registrar.
- Registration to be prima facie evidence of validity.
- Certification of validity.
- Infringement action to be heard in High Court.
- Trade usage, etc., to be considered.
- Registrar’s appearance in proceedings involving rectification.
- Power of Tribunal to review decision of Registrar.
- Discretion of Tribunal in appeals.
- Procedure in cases of option to apply to Tribunal or Registrar.
- Security for costs and taxation of costs.
- Costs of Registrar.