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Trade Marks [CAP. 401 15 (4) An appeal shall lie from any decision of the Registrar under this section. (As amended by Act No. 17 of 1980) 16. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice or would be contrary to law or moral­ ity, or any scandalous design. Prohibition of registration of deceptive. etc .• mailer 17. (1) Subject to the provisions of subsection (2), no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or descrip­ tion of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion. Prohibition of registration of identical and resembling trade marks (2) In the case of honest current use or other special circum­ stances which, in the opinion of the Registrar, or the High Court in the event of an appeal from a decision of the Registrar, make it proper so to do, the Registrar or the High Court as the case may be, may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the Registrar or the High Court may think it right to impose. (3) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are iden­ tical or nearly resemble each other in respect of the .same goods or descriptionof goods, the Registrar may refuse to register any of them until their rights have been determined by the Tribunal or have been settled by agreement in a manner approved by him or on an appeal by the Tribunal. (As amended by Act No. 17 of 1980) 18. (l) In all legal proceedings relating to a ~de mark registered Registrati~n in Part A to be in Part A of the register (including applications under section thirty­ conclusive as seven), the original registrationin plUtA oLihe.i~glstei of !!Ie trade to validity seven mark shall. after the expiration of seven years from the date of that after years registration, be taken to be valid in all respects, unless­ (a) that registration was obtained by fraud; or \ ,"" I '-<.:. (b) ~~!I"ade mark offends against the provisions of section six­ teen. (2) Nothing in subsection (1) of section ten shall be construed as making applicable to a trade mark, as being a trade mark registered in Part B of the register, the foregoing provisions of this section relat­ ing to a trade mark registered jn Part A of the register.

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