mark in respect of the goods or services concerned and of some or all of the other
goods or services included in the appropriate classification referred to in section
seven.
15
Prohibition of registration of identical or resembling trade marks
(1) Subject to subsection (2), no trade mark shall be registered in respect of any goods
or services or description of goods or services that—
(a)
is identical with a trade mark belonging to a different proprietor and
already on the Register in respect of the same goods or services or description of
goods or services; or
(b)
so nearly resembles a trade mark belonging to a different proprietor
and already on the Register in respect of the same goods or services or description of
goods or services as to be likely to deceive or cause confusion.
(2) In the case of honest concurrent use or other special circumstances which, in the
opinion of the Registrar, make it proper so to do, the Registrar may permit the
registration of trade marks that are identical or nearly resemble each other in respect
of the same goods or services or description of goods or services by more than one
proprietor, subject to such conditions or limitations, if any, as the Registrar may think
it right to impose.
(3) Where separate applications are made by different persons to be registered as
proprietors respectively of trade marks that are identical or nearly resemble each other
in respect of the same goods or services or description of goods or services, the
Registrar may refuse to register any of them until their applications have been
referred in accordance with the prescribed procedure to the Tribunal and their rights
determined or their rights have been settled by agreement in a manner approved by
the Registrar.
(4) Where the Registrar, in carrying out his duties under this section, has to consider
any matter involving deception or confusion, he shall have regard to the likelihood of
deception or confusion arising between any trade mark as applied in relation to goods
and any trade mark as applied in relation to services.
(5) An appeal shall lie from any decision of the Registrar under this section.
16
Registration in Part A to be conclusive as to validity after five years
In all legal proceedings relating to a trade mark registered in Part A of the Register,
including applications under section thirty-seven, the original registration of the trade
mark in Part A of the Register shall, after the expiration of five years from the date of
that registration, be taken to be valid in all respects, unless—
(a)
that registration was obtained by fraud; or
(b)
the trade mark offends against section fourteen:
Provided that this section shall not preclude the expunging or variation in terms of
subsection (2) of section thirty-eight of the registration of a distinguishing guise.
17
Registration subject to disclaimer
(1) Subject to subsection (2), if a trade mark—
(a)
contains any part not separately registered by the proprietor as a trade
mark; or
(b)
contains matter common to the trade or otherwise of a non-distinctive
character;
the Registrar, in deciding whether the trade mark shall be entered or shall remain on
the Register, may require, as a condition of its being on the Register, that—
(i)
the proprietor shall disclaim any right to the exclusive use of any part
of the trade mark or to the exclusive use of all or any portion of such trade mark as
aforesaid, to the exclusive use of which the Registrar holds him not to be entitled; or
(ii)
the proprietor shall make such other disclaimer as the Registrar may
consider necessary for the purposes of defining his rights under the registration.
(2) A disclaimer on the Register shall not—
(a)
affect any rights of the proprietor of a trade mark except such as arise
out of the registration of the trade mark in respect of which the disclaimer is made; or