IP/N/l/GRA/T/1
Page 40
, , (4:) The Registrar shall not in exercise of any power conferred
on him by virtue of subsection (3) of this section, make any amend...
ment of the register that would have the effect of adding any goods
or classes of goods to those in respect of which- a trade mark is
registered (whether in one or more classes) immediately before the
amendment is made, or of antedating, the registration of a trade
mark in respect of any' goods:
Provided that, this, subsection shall not have effect in relation
to goods as to which the Registrar is satisfied that compliance with
this subsection in relation thereto would involve undue complexity
and. thai the addition Of antedating, as, the case may be, would not
affect any substantial quantity of goods and would not substantially
prejudice the rights of any person..
(5) A proposal for the amendment of the register under any
such power shall be 'notified,to the registered proprietor of the trade
mark affected, shall be advertised with any modifications, and may
be, opposed before the Registrar by' any person aggrieved on the
ground that the proposed amendment contravenes subsection (4)
of this section.
(6) Every instrument made under subsection (1) of this section
shall be subject to annulment by the National Assembly.
Interpre66. (1) In this Act, unless the context otherwise requirestation.
H assignment"
means assignment by "act of the parties
concerned;
&",Court U means the High Court;
~,
limitations ~, means any limitations of the' exclusive right to
the use of a' trade mark given 'by the registration of a
person as proprietor thereof, including limitations' of
that right as to mode of use, as to use in relation to goods
to be. sold (or otherwise traded in) in anyplace wi thin
Ghana or as to use in relation to goods to be exported to
any market outside Ghana;
e4"mark,'9 includes a device, brand, heading, label, ticket,
name, signature, word, letter, numeral, or any combina..
.tion thereof;
4'~' the Minister" means the Minister to whom the: functions
of the Minister under this Act have for the time being
been assigned by' the President, '
M permitted use "t, has the meaning assigned to it by subsection
'(2) of section 28 of this Act:
n prescribed ll', means, in relation to proceedings before the
Court; prescribed by rules' of court, and, in other cases,
prescribed by. this Act or by regulations made under
section 6S' of this' Act; ,
': -register ." means- the register 'of trade .marks kept under
, this .Act;
" registered trade-mark '" means a trade mark that is actually
on the register; ,
"
, '.