Skip to main content
Trade Marks [CAP. 401 12. Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it, in relation to goods, in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date anterior­ 13i Saving for vested rights (a) to the use of the first-mentioned trade mark in relation to those goods by the proprietor or a predecessor in title of his; or (b) to the registration of the first-mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his; whichever is the earlier, or to object (on such use being proved) to that person being put on the register for that identical or nearly resembling trade mark in respect of those goods under subsection (2) of section seventeen. 13. No registration of a trade mark shan interfere with­ (a) any bona fide use by a person of his own name or of the name of his place of business, or of the name or of the name of the place of business of any of his predecessors in busi­ ness; or Saving for use of name. address or description of goods (b) the use by any person of any bona fide description of the character or quality of his goods, not being a description that would be likely to be taken as importing any such reference as is mentioned in paragraph (b of subsection (1) of section nine or in paragraph (b of subsection (3) of section forty-two. PART IV REGlSlRABILITY AND VALIDITY OF REGISTRATION 14. (1) In order for a trade mark (other than a certification trade mark) to be registrable in Part A of the register, it must contain or consist of at least one of the following essential particulars: (a) the name of a company, individualor firm, represented in a special or particular manner; (b) the signature of the applicant for registration or some pre­ decessor in his business; (c) an invented word or invented words; (d) a word or words having .no direct reference to the character or quality of the goods and not being, according to its ordi­ nary signification, a geographical name or a surname; (e) any other distinctive mark, but a name, signature or word or words, other than such as fall within the descriptions in Distincti ve­ ness requisite for registration in Part A

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents