fPfN/l/GlIA/T/I
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or

(5) Where a trade mark is assigned
transmitted in such a
case as is referred to in 'subsection {4)of this 'section, the assignment
or transmission shan not be .deemed to be invalid under that sub..
section if the 'exclusive rights subsisting as a result thereof in the
persons concerned respectively are, having regard 10 limitations
imposed thereon, -such .as not to he exercisable by two or more of
those persons in relation to goods to be 'sold, or otherwise traded in,
within Ghana (otherwise than for 'export therefrom) or in relation
to goods to be exported to the same market outside Ghana.

(6) The proprietor of a registered traae mark who proposes to
assign it in respect of any goods in respect 'of which-it is registered
may submit to the Registrar in the prescribed manner a statement
of case setting out the circumstances, and the Registrar may issue
to him a certificate stating whethet.having regard to the similarity
of the goods and of the trade marks referred to in the case, the
proposed assignment of the first-mentioned trade mark would o-r
would not be invalid under 'subsection (4) of this section, and a
certificate so issued shall, unless it is shown that the certificate was
obtained by fraud or misrepresentation, be conclusive as to the
validity or invalidity under subsection {4) of this 'section of the
assignment in 'so far as such validityor invalidity depends upon the
facts set 'out in the case, but, as regards a certificate in favour of
validity, only if application for the registration 'under section 25 of
this Act of the title of the person becoming entitled is made within
six months from the 'date on which the certificate is issued,
'(7) Notwithstanding anything in subsections (I).. ·:(2) and (3)
of this section, but 'SUbject to subsection (8) a trade mark shall not ·be
assignable or transmissible in a case .in which asa result of an
assign-ment or transmission thereof there would in the circumstances
subsist, whether under the .oommon law or by registration, an
exclusive Tight in one of the person's concerned to the use of the
trade mark limited to use in relation to goods to be sold, or otherwise
traded in, in a place or places in Ghana, and an exclusive right in
another of those persons to the 'use of a trade mark nearly resembling
the first-mentioned trademark or of an identical trade mark in
relation to the same .goods or-description of goods limited to use in
relation to goods to be sold, or otherwise traded in, in another
place or other places in Ghana;

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