No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
93
INDUSTRIAL PROPERTY ACT, 2012
any such registration and furnishes the Registrar with the particulars
referred to section 171(1)(a) and (b).
(2)
The Registrar may at any time cancel the registration of a person as a
registered user of a trade mark, in respect of any goods or services in respect of which
the trade mark is no longer registered.
Transferability of trade marks
174.
(1)
As contemplated in section 161 a registered trade mark or an
application for registration of a trade mark may be –
(a)
assigned or transferred either in connection with or without the
goodwill of the business concerned; or
(b)
assigned or transferred in respect of either all of the goods or services to
which the trade mark applies, or in respect of some but not all of those
goods or services.
(2)
Despite the provisions of subsection (1), any assignment or transfer of
exclusive rights to more than one person in circumstances which are likely to deceive or
cause confusion, is invalid.
PART 8
SURRENDER, REMOVAL AND INVALIDATION
Surrender of registered trade mark
175. The registered owner of a trade mark registration may at any time
during the duration of the registration, in the prescribed manner, request the Registrar
to cancel the registration, either partially or totally in respect of the goods or services in
respect of which it is registered.
Removal for non-use
176. (1)
Any person may by application request the Registrar to remove,
partially or totally, a trade mark from the register in respect of any or all of the goods or
services in respect of which it is registered on the ground that up to three months prior
to filing the application and after the date of issue of the registration certificate, there
had been no bona fide use of the mark in the course of trade by the registered owner or
a licensee as contemplated in section 167 or a registered user as contemplated in section
170, as they were recorded in the register from time to time, during a continuous period
of three or more years.
(2)
An applicant is not entitled to rely for the purposes of subsection (1) on
any non-use of a trade mark if the registered owner can show that such non-use was due
to special circumstances in the trade and not to any intention not to use or to abandon
the trade mark in relation to the goods or services to which the application relates.
(3)
Subsection (1) does not apply to a trade mark in respect of which
protection may be claimed under the Paris Convention as a well-known trade mark
within the meaning of section 196.