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TRADEMARKS ACT (CHAPTER 26:04)

 

CHAPTER 26:04

TRADEMARKS ACT

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.

(TheTradeMarksAct[Chapter26:04]willbeamendedbytheTradeMarksAmendmentAct,2001(No.10of2001)when itcomesinto

operation.)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

ADMINISTRATION

  1. Trade Marks Office, Controller, Registrar of Trade Marks and other officers.
  2. Register of Trade Marks.

PART III

EFFECTOFREGISTRATION AND ACTION FORINFRINGEMENT

  1. No action for infringement of unregistered trade mark.
  2. Registration to be in respect of particular goods or services.
  3. Infringement of rights given by registration in Part A or Part B.
  4. Infringement by breach of certain restrictions.
  5. Saving of vested rights.
  6. Saving of use of name, address or description of goods and of utilitarian features of distinguishing guise.

PART IV

REGISTRABILITY AND VALIDITY OFREGISTRATION

  1. Distinctiveness requisite for registration in Part A.
  2. Capability of distinguishing requisite for registration in Part B.
  3. Prohibition of registration or maintenance of registration of deceptive, etc., matter.
  4. Prohibition of registration of identical or resembling trade marks.
  5. Registration in Part A to be conclusive as to validity after five years.
  6. Registration subject to disclaimer.
  7. Requirements in regard to blank spaces.
  8. Words used as name or description of an article, substance or service.
  9. Effect of limitation as to colour and of absence thereof.

PART V

PROCEDUREFOR, AND DURATION OF, REGISTRATIONIN PARTA OR PART B

  1. Application for registration in Part A or Part B.
  2. Opposition to registration and appeals.
  3. Duration and renewal of registration.
  4. Registration of parts of trade marks.
  5. Registration of trade marks as a series.

PART VI

ASSIGNMENT AND TRANSMISSION

  1. Powers of, and restriction on, assignment and transmission.
  2. Power of registered proprietor to assign and give receipts.
  3. Registration of assignments and transmissions.
  4. Certain trade marks to be associated so as to be assignable and transmissible as a whole only.

PART VII

USE ANDNON-USE

  1. Removal from Register and imposition of limitation.
  2. Defensive registration of well known trade marks.
  3. Registered users.
  4. Proposed use of trade mark by corporation to be constituted, etc.
  5. Use of one of associated or substantially identical trade marks equivalent to use of another.
  6. Use of trade mark for export trade.

PART VIII

RECTIFICATION AND CORRECTION OF REGISTER

  1. General power to rectify entries in Register.
  2. Power to expunge or vary registration for breach of condition or registration of distinguishing guise.
  3. Correction of Register.
  4. Alteration of registered trade mark.
  5. Adaptation of entries in Register to amended or substituted classification of goods or services.

PART IX

CERTIFICATION MARKS

  1. Certification mark to be distinctive.
  2. Right given by registration of certification mark.
  3. Application for registration of certification mark.
  4. Advertising of acceptance of application.
  5. Rules governing use of certification mark.
  6. Rectification of Part C of Register.
  7. Assignment or transmission of certification mark.
  8. Appeals against refusal by registered proprietor to certify goods or services.
  9. Provisions of the Act not applicable to certification mark.

PART X

FUNCTIONS OF REGISTRAR INRELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS

  1. Preliminary advice byRegistrar as to distinctiveness, deceptiveness, etc.
  2. Hearing before exercise of Registrar’s discretion.
  3. Evidence of certain entries and documents.
  4. Inspection of documents.
  5. Power of Registrar to award costs.
  6. Proceedings before Registrar.
  7. Advertisements to be approved by Registrar.

PART XI

TRADE MARKAGENTS

  1. Trade mark agents and their functions.
  2. Qualifications and registration of trade mark agents.
  3. Removal of names from Register of Trade Mark Agents.
  4. Privileges of legal practitioners and patent agents.
  5. Entitlement to practise as trade mark agent and power of Controller to refuse to deal with certain agents.
  6. Prohibition of certain acts of trade mark agents.

PART XII

APPEALS AND LEGAL PROCEEDINGS

  1. Tribunal to hear appeals.
  2. Right of audience.
  3. Time for appeals.
  4. References to Tribunal by Registrar.
  5. Registration to be prima facie evidence of validity.
  6. Certification of validity.
  7. Infringement action to be heard in High Court.
  8. Trade usage, etc., to be considered.
  9. Registrar’s appearance in proceedings involving rectification.
  10. Power of Tribunal to review decision of Registrar.
  11. Discretion of Tribunal in appeals.
  12. Procedure in cases of option to apply to Tribunal or Registrar.
  13. Security for costs and taxation of costs.
  14. Costs of Registrar.

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