30
CAP. 506
Trade Marks
[Rev. 2009
29, the trade mark may, on the application in the prescribed manner
of the proprietor registered in respect of the first-mentioned goods, be
registered in his name in respect of those other goods as a defensive
trade mark and, while so registered, shall not be liable to be taken off
the register in respect of those goods under that section.
(2) The registered proprietor of a trade mark may apply for the
registration thereof in respect of any goods as a defensive trade mark
notwithstanding that it is already registered in his name in respect of
those goods otherwise than as a defensive trade mark, or may apply
for the registration thereof in respect of any goods otherwise than as
a defensive trade mark notwithstanding that it is already registered in
his name in respect of those goods as a defensive trade mark, in lieu in
each case of the existing registration.
(3) A trade mark registered as a defensive trade mark and that
trade mark as otherwise registered in the name of the same proprietor
shall, notwithstanding that the respective registrations are in respect of
different goods, be deemed to be, and shall be registered as, associated
trade marks.
(4) On application by any person aggrieved to the court or, at the
option of the applicant and subject to the provisions of section 53, to
the Registrar, the registration of a trade mark as a defensive trade mark
may be cancelled on the ground that the requirements of subsection (1)
of this section are no longer satisfied in respect of any goods in respect
of which the trade mark is registered in the name of the same proprietor
otherwise than as a defensive trade mark, or may be cancelled as respects
any goods in respect of which it is registered as a defensive trade mark
on the ground that there is no longer any likelihood that the use of the
trade mark in relation to those goods would be taken as giving the
indication mentioned in subsection (1) of this section.
(5) The Registrar may at any time cancel the registration as a
defensive trade mark of a trade mark of which there is no longer any
registration in the name of the same proprietor otherwise than as a
defensive trade mark.
(6) Except as otherwise expressly provided in this section, the
provisions of this Act shall apply in respect of the registration of trade
marks as defensive trade marks and of trade marks so registered as they
apply in other cases.
Registered users.
5 of 1994,
7 of 2007.
31. (1) Subject to the provisions of this section, a person other than
the proprietor of a trade mark may be registered as a licensee thereof in
respect of all or any of the goods in respect of which it is registered or
in respect of services with the provision of which he is connected in the