40
CAP. 506
Trade Marks
[Rev. 2009
trade mark, and may contain any other provisions that the Registrar may
require or permit to be inserted therein (including provisions conferring
a right of appeal to the Registrar against any refusal of the proprietor
to certify goods or to authorize the use of the trade mark in accordance
with the regulations); and regulations so deposited shall be open to
inspection in the same manner as the register.
(8) A certification trade mark shall not be assignable or
transmissible otherwise than with the consent of the court.
(9) The provisions of the First Schedule shall have effect with
respect to the registration of a mark under this section and to marks
so registered.
Part VIIA - Collective Trade Marks
Collective trade
marks.
4 of 2002.
40A. (1) A mark capable of distinguishing, in the course of trade,
the goods or services of persons who are members of an association,
from goods or services of persons who are not members of such
association, shall on application in the prescribed manner, be registerable
as a collective trade mark or service mark in respect of the goods or
services in the name of such an association.
(2) An application for registration of a collective trade mark shall
designate the mark as a collective trade mark and the application shall
be accompanied by a copy of the rules governing the use of the mark.
(3) In 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 trade mark shall notify
the Registrar, in writing, of any changes made in respect of the rules
governing the collective trade mark.
(5) Geographical names or other indications of geographical origin
may be registered as collective trade marks or service marks.
(6) The provisions of this Act shall, except in so far as may
otherwise be provided, apply to a collective trade mark or service
mark.
Part VIIB – International Applications
Marks registered
under the Banjul
Protocol and the
Madrid Convention
40B. In this Part –
“The Banjul Protocol” means the Protocol on Marks adopted by
the Administrative Council of ARIPO held in Banjul, The Gambia in