No. 2
Trademarks
(b) duration, extent and geographical area of any use of the
mark;
(c) duration, extent and geographical area of any promotion of
the mark, including advertising or publicity and the presentation,
at fairs or exhibitions, of the goods or services to which the mark
applies;
(d) duration and geographical area of any registrations or any
applications for registration of the mark to the extent that they
reflect use or recognition of the mark;
(e) record of successful enforcement of rights in the mark, in
particular, the extent to which the mark is recognized as well
known by competent authorities;
(f) commercial value associated with the mark;
(g) degree of inherent or acquired distinctiveness of the mark;
(h) degree of exclusivity of the mark and the nature and extent
of use of the same or a similar mark by third parties;
(i) nature of the goods or services and the channels of trade for
the goods or services that bear the mark; or
(j) degree to which the reputation of the mark symbolises
quality of goods for which the registration is associated.
39.__(1) The Registrar may, on application, register a mark as a
collective mark.
(2) An application for registration of a collective mark shall
designate the mark sought to be registered as a collective mark and
the application shall be accompanied by a copy of rules governing
the use of the mark.
(3) For the purposes of subsection (2), “rules” means the rules
made by a person under whose control the collective mark may be
used.
(4) The registered owner of a collective mark shall notify the
Registrar, in writing, of any changes made in respect of the rules
governing the collective mark within sixty days of such changes
taking place.
(5) Subject to subsections (2), (3) and (4), this Act shall apply to
collective marks and where the term “trademark” is used in the Act,
it shall be construed to include the term “collective mark”.
(6) For purposes of this section, a “collective mark” means a
mark that is capable of distinguishing, in the course of trade, goods
or services of persons who are members of an association from
21
Registration
of collective
marks