19. (1) The period of duration of the registration of a trade mark shall be
ten years from the date of registration. At any time within six months
before the expiration of such term or any subsequent term of ten years,
the registration may be renewed upon the filing of an application therefore
in the prescribed form and upon payment of the prescribed fee.
(2) At the time of renewal, no change may be made in the mark or in the
list of goods in respect of which the mark is registered, except that goods
may be eliminated from the list.
(3) A period of grace of six months shall be allowed for the renewal of a
registered trade mark after its term has expired, subject to the payment
of an extra charge for the delay as prescribed.
(4) For the purpose of Section 22 of the Act the duration of the registered
user shall not in any case exceed that of the mark itself.
Rights Conferred by Registration
20. Registration of the mark shall confer upon its registered owner the
right to preclude third parties from the following acts:
(a) Any use of the mark, or of a sign resembling it in such a way as to be
likely to mislead the public, for goods in respect of which the mark is
registered, or for other goods in connection with which the use of the
mark or sign is likely to mislead the public.
(b) Any other use of the mark, or of a sign a trade name resembling it,
without just cause and in conditions likely to be prejudicial to the interest
of the registered owner of the mark.
Assignment and Transfer of Registration
21. (1) A trade mark may be assigned or transferred independently of the
transfer of all or part of the business of the owner as regards all or part of
the goods for which it is registered, provided however, that the mark shall
be used by the assignee so that no deception or confusion is involved.
(2) The assignment must be recorded, at the instance of either party,
within a period of six months from the date of the instrument and upon
payment of the prescribed fee. On failure of such recorded the assignment
will be null and void. On receipt of the application for assignment or
transmission and on proof of title to his satisfaction the Registrar shall
cause an entry to be made on the Register of assignment. Any decision of
the Registrar under this Section shall be subject to appeal to the Court.
Licensing