(1)
Subject to subsections (2) to (4), sections 36 to 42 shall apply to collective
marks, except that references to section 35 (b) shall be read as 35(a).
(2)
Any application for registration of a collective mark shall designate the mark as a
collective mark and be accompanied by a copy of the terms of the agreement
governing the use of the collective mark.
(3)
Any registered owner of a collective mark shall notify the Controller of any
changes made in respect of the terms of the agreement referred to in subsection
(2).
(4)
The Tribunal shall invalidate the registration of a collective mark where any
interested person requesting the invalidation proves that the -
45.
46.
(a)
mark is being used exclusively by the registered owner;
(b)
registered owner is using or permitting its use in contravention of the terms
of the agreement referred to in subsection (2);
(c)
registered owner is using or is permitting its use in a manner liable to
deceive any person as to the origin or any other common characteristics of
the goods or services concerned.
Licensing of marks
(1)
Any licence in relation to a registered mark, shall provide for effective control
by the licensor of the quality of the goods or services of the licensee in
connection with which the mark is used.
(2)
Where the licence does not provide for such quality control or where such quality
control is not effectively carried out, the licence shall not be valid.
(3)
The registration of a collective mark, or an application thereof, shall not be the
subject matter of a licence.
Trade names
(1)
No name or designation shall be used as a trade name where(a)
by its nature or the use to which it may be put, it is contrary to public
order or morality; or
(b)
it is liable to deceive
identified by that name.
any
person
as
to
nature
of
the
enterprise
(2)
Notwithstanding any enactment providing for an obligation to register trade names,
such names shall be protected, even prior to or without registration, against any
unlawful act committed by third parties.
(3)
For the purposes of subsection (2), any subsequent use of the trade name by a third
party, whether as a trade name or a mark or collective mark, or any such use of a
similar trade name or mark, likely to mislead the public, shall be unlawful.
PART VI - GENERAL PROVISIONS
47.
the
Changes in ownership