IP/NII/GHA/TI1
Page 1I
(2) In case of honest concurrent use, or of other special
circumstances which in the opinion of the Court or the Registrar
make it proper so to do, the Court or the Registrar (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 Court or the Registrar
(as the case may be) 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 identical or nearly resemble each other, in respect of the same
goods or description of goods, the Registrar may refuse to register
any of them until their rights have been determined by the Court,
or have been settled by agreement in a manner approved by him
or by the Court on an appeal, as the'case may be.
Registration
13. (1) In all legal proceedings relating to a trade mark registered
as to validity
after seven
of this Act) the original registration in-Part A of the register of the
trade mark shall, after the expiration of seven years from the date
of that registration, be taken to be valid in all respects, unless-
~~~~c~hre in Part A of the register (including 'applications under section 32
years.
(a) that registration was obtained by fraud, or
(b) the trade mark offends against section 11 of this Act,
(2) Nothing in subsection (1) of section 5 of this Act shall be
construed as making applicable to a trade mark, as being a trade
mark registered in Part B of the register, the provisions ofsubsection
(1) of this section relating to a trade mark registered in Part A of
the register~
14.. If a trade mark(a) contains any part not separately registered by the
proprietor as a trade mark; or
(b) contains matter common to the trade or otherwise of a
non.. distinctive character;
the Court or the Registrar (as the case may be), in deciding whether
the trade mark shall be entered or shall remain on the register, may
require as a condition of its being ?n the register(i) that the proprietor .shall disclaim any right to the
exclusive use of any part of the trade mark, or to the
exclusive use of aU or any portion of any such matter,
to the exclusive use of which the Court or the Registrar
(as the case may be) holds him not to be entitled; or
Registration
subject to
disclaimer.