2. (1) A collective marl< is a sign of an association of manufacturing, trading or service enterprise that
serves to distinguish the goods or services of the members of the association from those of other
enterprises.
(2) A certification mark is a sign or combination of signs capable of designating any specific characteristic,
including quality, origin or methods of production, material, mode of manufacture of goods or performance of
services.
(3) An application for the registration of a certification mark shall
(a) designate the sign as a certification marl<; and
(b) be accompanied by the rules governing its use
(4) Subsection (3) applies to all certification marks, including certification marks owned by government
agencies."
Section 3 of Act 664 repeated
3. The principal enactment is amended by the repeal of section 3.
Section 4 of Act 664 amended
4. Section 4 of the principal enactment is amended by the substitu-tion for subsection (2) of "(2) The application
shall
(a) be accompanied with a reproduction of the trademark and a list of the goods or services for which the
registration of the trademark is requested, using the International Classifies-lion; and
(b) state that the trademark is being used by the applicant or with the consent of the applicant in relation to
the goods or services or that the applicant has a bonafide intention that the trademark should be used."
Section 5 of Act 664 amended
5. The principal enactment is amended by the substitution for section 5 of
"Grounds f o r refusal of registration
5. A trade marl< shall not be registered if,
(a) it is a trade name or sign that belongs to the public domain except where the trade name or sign has
become accepted as a trademark for the goods or services for which they are claimed;
(b) it is incapable of
(i) distinguishing the goods or services of one enterprise from the goods or services of another
enterprise or devoid of a distinctive character,
(ii) designating the characteristics of the goods or services or shapes that constitute the nature of the
goods or shapes of the goods or of their packaging that are technically necessary;
(c) it is contrary to public order or morality;
(d) it is likely to mislead the public or trade circles with particular reference to the geographical origin of
the goods or services, their nature or characteristics such as the kind, quality, intended purpose, the:
time of production of the goods or rendering of the service;
(e) it is Identical to or is an imitation of or contains as an element, an armorial bearing, flag, emblem,
name, abbreviation or initials of the name, official sign or hallmark adopted by a State,
intergovernmental organisation or organisation created by an International convention unless
authorised by the competent authority of that State or organisation;
(f) it is identical to or confusingly similar to or constitutes a translation of a trade mark or trade name
which is well known in the country for identical or similar goods or services of another enterprise or the
trade marl< Is well known and registered in the country for goods or services which are not identical or
similar to those under application but the use of the trade mark will indicate a connection between
those goods or services and the owner of the well known trade mark and the interests of the owner of
the well known trade marl< are likely to be damaged by the use of the trade marl<; or
(g) the trade marl< is identical to a trade mark of another owner already on the register or identical to a
trade mark the subject of an application with an earlier filing or priority date for the same goods or
services or closely related goods or services or if it resembles that trade mark so closely that it is likely
to deceive or cause confusion."
Section 6 of Act 664 amended
6. Section 6 of the principal enactment is amended by the repeal of paragraph (b) of subsection (1).
Section 15 of Act 664 amended
7. Section 15 of the principal enactment is amended by the insertion after subsection (5) of
"(G)The owner of a trademark may transfer the trademark in whole or in part for the goods or services for
which it has been registered.
(7) Unless otherwise agreed, a transfer of an enterprise shall imply a transfer of its trademark rights."
Section 16 of Act 664 amended