16
CAP. 506
Trade Marks
[Rev. 2009
(b) by reason of the use of the trade mark or of any
other circumstances, the trade mark is in fact adapted to
distinguish.
Capability of
distinguishing
requisite for
registration in Part B.
11 of 1965, s. 3,
5 of 994.
13. (1) In order for a trade mark to be registrable in Part B of the
register it must be capable, in relation to the goods in respect of which
it is registered or proposed to be registered, of distinguishing goods
with which the proprietor of the trade mark is or may be connected in
the course of trade from goods in the case of which no such connexion
subsists, either generally or, where the trade mark is registered or
proposed to be registered subject to limitations, in relation to use within
the extent of the registration and in relation to services of distinguishing
services with the provisions of which the proprietor of the trade mark
is or may be connected in the course of business from services with the
provision of which he is not so connected.
(2) In determining whether a trade mark is capable of
distinguishing, the court or the Registrar may have regard to the extent
to which(a) the trade mark is inherently capable of distinguishing; and
(b) by reason of the use of the trade mark or of any other
circumstances, the trade mark is in fact capable of distinguishing.
(3) A trade mark may be registered in Part B notwithstanding any
registration in Part A in the name of the same proprietor of the same
trade mark or any part or parts thereof.
Prohibition of
registration of
deceptive, etc.,
matter.
11 of 1965, s. 4.
Prohibition of
registration of
identical and
resembling trade
marks.
5 of 1994.
14. No person shall register as a trade mark or part of a trade
mark any matter the use of which would, by reason of its being likely
to deceive or cause confusion or otherwise, be disentitled to protection
in a court of justice, or would be contrary to law or morality, or any
scandalous design.
15. (1) Subject to the provisions of subsection (2), no trade mark
shall be registered in respect of any goods or description of goods that
is identical with or nearly resembles a mark belonging to a different
proprietor and already on the register in respect of the same goods or
description of goods, or in respect of services, is identical with or nearly
resembles a mark belonging to a different proprietor and already on the
register in respect of the same services or description of services.
(2) In case of honest concurrent use, or of other special
circumstances which in the opinion of the court or the Registrar make
it proper so to do, the court or the Registrar may permit the registration
of trade marks that are identical or nearly resemble each other in respect