IP/N/l/SWZ/T/l
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Information as to Foreign Application.
23. (1) The applicant shall, at the request of the Registrar, furnish him within the prescri
bed time limit, with the date and number of any application for a trade mark or registration
filed with a national industrial property office of another country or with a regional industrial
property office having comparable requirements for registration (in this Act referred to as
"a foreign application" or "a foreign registration") relating to the same or essentially the same
trade mark as that in the application filed with the registrar.
(2) The applicant shall, at the request of the Registrar, furnish him within the prescri
bed time limit with the following documents relating to one or more of the foreign applicat
ions or registrations referred to in subsection (J)
(a)
a copy of any communication received by the applicant concerning the results
of any search or examination carried out in respect of the foreign application;
(b)
a copy of the trade mark as registered;
(c)
a copy of any final decision rejecting the foreign application or refusing the
registration requested in the foreign application or invalidating the foreign
registrati on.
(3) The documents furnished under this section shall be used solely for the purpose of
facilitating the examination of the application filed with the Registrar OT of the registration
entered in the Register on the basis of that application. ;
(4) The applicant shall have the right to submit comments on the documents furnished
under this section.
Joint Proprietors.
24. (I) Where the relations between two Of more persons interested in a trade mark are
such that no one of them is entitled as between himself and the other or others to use it except
(a) on behalf of both or all of them; or
(b) in relation to an article or service with which both or all of them are connected
in the course of trade or business;
those persons may be registered as joint proprietors of the trade mark) and.this Act shall
have effect in relation to any rights to use of the trade mark vested in those persons as if
those rights had been vested in a single person.
(2) Subject to subsection (1), nothing in this Act shall be construed as authorizing the
registration of a trade mark in respect of two or more persons who use a trade mark indepe
ndently, or propose so to use it, as joint proprietors thereof..
Registration ofparts and of series of trade marks.
25. (1) \¥here the proprietor of a trade mark claims to be entitled to the exclusive use of
any part thereof separately, he may apply to register the whole and any such parts as separate
trade marks and each separate trade mark shall satisfy all the conditions of an independent
trade mark and shall, if registered and subject to section 34(3)(d), have the validity and effect
of an independent trade mark.
(1) 'Where a person claiming to be the proprietor of several trade marks, in respect of
the same goods or services or closely related goods or services which, while resembling each
other in the material particulars ,~hereof) yet differ in respect of
(a) statements of the goods or services in relation to which they are respectively
used or proposed to be used or;