Act 17
Trademarks Act
2010
(2) A disclaimer on the register shall not affect rights of the
owner of a trademark except where the disclaimer would arise out of
the registration of the trademark in respect of which the disclaimer is
made.
27. Concurrent use.
The registrar or court may permit the registration by more than one
owner, in a case of honest concurrent use or other special
circumstances in respect of—
(a) the same goods or services;
(b) the same description of goods or services;
(c) goods and services or descriptions of goods and services
which are associated with each other; or
(d) trademarks that are identical or nearly resemble each other,
subject to such conditions and limitations as the registrar or
the court may impose.
28. Status of trademarks removed from the register.
(1) Where a trademark has been removed from the register for
non-payment of the fee for renewal, it shall, for the purpose of an
application for registration of a trademark during one year next after
the date of the removal, be taken to be a trademark that is already on
the register.
(2) Subsection (1) shall not have effect where the registrar or the
court is satisfied either—
(a) that there has been no bona fide trade use of the trademark
that has been removed during the two years immediately
preceding its removal; or
(b) that no deception or confusion would be likely to arise from
the use of the trademark that is the subject of the
application for registration by reason of previous use of the
trademark that has been removed.
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