IPINI 1ISWZ/TI1
Page 18
(2) The usc of a trade mark by a registered user thereof in relation to goods or services
with which he is connected in the course of trade or business and in respect of which for the
time being the trade mark remains registered; in compliance with any conditions or restrict
ions to which his registration is subject, shall be permitted use of the trade mark.
(3) The permitted use of a trade mark shall be deemed to be used by the proprietor
the-reof, .and shall be deemed not to be used by a person other than the proprietor.
(4) Subject to any agreement subsisting between the parties, a registered user of a
trade mark shall be entitled to request the proprietor thereof to take proceedings to prevent
infringement thereof and, if the proprietor refuses or prevent infringement thereof and,
if the proprietor refuses or neglects to do so within t\\10 months after being so requested
the registered user may institute proceedings for infringement in his own name as if he
were the proprietor, joining the proprietor as a defendant.
Registration of Registered User.
43., (1) When it is proposed that a person be registered as a registered user of a trade mark
an application therefor shan be made in the prescribed manner jointly by the registered pro
prietor and the proposed registered user who shall furnish the Registrar
(a) either with information that the proposed registered user is wholly controlled
by the regis.tered proprietor and that there is no other contractual relationship
between the parties) or with a copy of the licence contract betwzen the parties
and
(b) with a statement containing
(i)
the identity or the registered trade mark;
(ii) the name and address of the registered proprietor;
(iii) the name and address of the proposed registered user;
(iv) the goods or services in respect of which the registered user is proposed
to be registered;
(v) the restrictions on use, if any> by the proposed registered user; and
(vi) the period of permitted use.
(2) When the requirements of subsection (1) have been complied with and the Re
gistrar, after considering the information furnished to him under that subsection, is satisfied
that in af the circumstances the proposed use of the trade mark by the proposed registered
user, subject to any conditions or restrictions which he-thinks proper, would not be contrary
to the public interest, he may register the. proposed registered user as a registered user in
respect of the goods or services as to which he is so satisfied.
Guarantee of control.
44. (1) /\ licence contract shaf be invalid in the absence of relations or stipulations between
the registered proprietor of the trade mark and the proposed registered user: ensuring effec
tive control by the registered proprietor of the quality of the goods or services of the proposed
registered user in relation to which the trade mark is to be used.
(2) In the absence of any provision to the contrary in the licence contract, the grant of
a licence shall Dot prevent the registered proprietor from granting further licences to third
parties or from using the trade mark himself.
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(3) The grant of an exclusive licence shall prevent the registered proprietor from
irig further licences to third parties and from using the trade mark himself.
glant