10
CAP. 506
Trade Marks
[Rev. 2009
rectification of the register.
Part II - Registration, Infringement And Other
Substantive Provisions
The Register
The register of trade
marks.
7 of 2007.
4. (1) There shall continue to be kept at the office of the Registrar
of Trade Marks for the purposes of this Act the record called the register
of trade marks, wherein shall be entered all registered trade marks with
the names, addresses and descriptions of their proprietors, notifications
of assignments and transmissions, the names, addresses and descriptions
of all licensees, disclaimers, conditions, limitations, and such other
matters relating to registered trade marks as may be prescribed.
(2) The register shall continue to be divided into two parts called
respectively Part A and Part B.
(3) The register shall be kept under the control and management of
the Registrar and shall at all convenient times be open to the inspection
of the public, subject to such regulations as may be prescribed.
Effect of Registration and the Action for Infringement
No action for
infringement of
unregistered trade
mark.
5 of 1994.
Registration to be in
respect of particular
goods or services.
5 of 1994,
4 of 2002.
5. No person shall be entitled to institute any proceeding to
prevent, or to recover damages for, the infringement of an unregistered
trade mark, but nothing in this Act shall be deemed to affect rights of
action against any person for passing off or the remedies in respect
thereof.
6. (1) A trade mark shall be registered in respect of particular
goods or services, which shall be classified in the manner specified in
subsection (2).
(2) The goods and services in respect of which registration of a
mark is applied for shall be classified in accordance with the International
Classification of Goods and Services and any figurative elements
of the mark shall be classified in accordance with the International
Classification of the Figurative Elements of Marks:
Provided that where goods or services belonging to several classes
according to the International Classification of Goods and Services have
been included in the same application, the Registrar shall incorporate the
several classes of goods and services for the purpose of registration.
Right given by
registration in Part
7. (1) Subject to the provisions of this section, and of sections
10 and 11, the registration (whether before or after 1st January, 1957)