(8)
Any decision of the Registrar under the foregoing provisions of this section shall be subject to
appeal to the court.
35. (1)
36.
(a)
if the tribunal is satisfied that a body corporate is about to be constituted, and that the applicant
intends to assign the trade mark to the body corporate with a view to the use thereof in relation
to those goods by the body corporate; or
(b)
if the application is accompanied by an application for the registration of a person as a
registered user of the trade mark, and the tribunal is satisfied that the proprietor intends it to be
used by that person in relation to those goods and the tribunal is also satisfied that person will be
registered as a registered user thereof immediately after the registration of the trade mark.
(2)
The provisions of section 31 of this Act shall have effect, in relation to a trade mark registered
under the power conferred by the foregoing subsection, as if for the reference in subsection (1)(a) of
that section to intention on the part of an applicant for registration that a trade mark should be used
by him there were substituted a reference to intention on his part that it should be used by the body
corporate or registered user concerned.
(3)
The tribunal may, as a condition of he exercise of the power conferred by subsection (1) of this
section, in favour of an applicant who relies on intention to assign to a body corporate as aforesaid,
require him to give security for the costs of any proceedings before he court relative to any
opposition or appeals, and in default of such security being duly given may treat the application as
abandoned.
(4)
Where a trade mark is registered in respect of any goods under he power conferred by subsection
(1) of this section, in the name of an applicant who relies on intention to assign to a body corporate
as aforesaid, then, unless within six months, or within such further period not exceeding two months
as the Registrar may on application being made to him in the prescribed manner allow, the body
corporate has been registered as the proprietor of the trade mark in respect of those goods, the
registration shall cease to have effect in respect thereof at the expiration of that period, and the
Registrar shall amend the register accordingly.
(1)
(2)
37.
No application for the registration of a trade mark in respect of any goods shall be refused, nor
shall permission for such registration be withheld, on the ground only that it appears that the
applicant does not use or propose to use the trade mark-
Where under the provisions of this Act, use of a registered trade mark is required to be proved for
any purpose, the tribunal may, if and so far as the tribunal thinks right, accept use of an associated
registered trade mark, or of the trade mark with additions or alterations not substantially affecting its
identity, as an equivalent for the use required to be proved.
The use of the whole of a registered trade mark shall for the purposes of this Act be deemed to be
also a use of any registered trade mark, being a part thereof, registered in the name of the same
proprietor by virtue of section 24 of this Act.
The application in Nigeria of a trade mark to goods to be exported from Nigeria, and any other act
done in Nigeria in relation to goods to be so exported which, if done in relation to goods to be sold or
otherwise traded in within Nigeria would constitute use of a trade mark therein, shall be taken to
constitute use of the trade mark in relation to those goods for any purpose for which such use is material
under this Act or at common law.
Rectification and correction of register
38. (1)
Any person concerned who alleges -
(a)
that any entry has not been inserted in, or has been omitted from, the register; or
(b)
that any entry has been made in the register without sufficient cause; or
(c)
that any entry wrongly remains on the register; or