-I
s-
(2) The court shall invalidate the registration if the person requesting the
invalidation proves that any of the requirements of Sections :i2 and~~ is not
fulfilled or if the registered owner of..he industrial design is not the CrcatC1I111
his successor in title
(3) Section 21(3) and (4) shall apply mutatis mutandis.
Chapter (,
MARKS, COLLECTIVf: MARKS, TRADE Nf\MES i\~JD ACTS OF LJNFAIIZ
COMPETITION
Definition of
"Mark" of
"Collective Mark"
and of "Trude
Name"
ACqUlSlli,111 of the
Exclusive Right to a
Mark: Registrability
39. For the purpose of this Act
(i)
"mark" means any visible sign capable of distinguishing the
goods ("tl"ildemark") or services ("service mark") of all
enterprise,
(ii
"collective mark" means any visible sign uesigruued as sucn In
the application for registration and capable of distinguishing
the origin or any other common characteristic, including the
quality, of goods or services ofditTerent enterprises which usc
tile sign under the control of the !'cgistered owner of the
collective mark
(ii
"Trade name" means the name of designation identif\'ing ami
distinguishing an enterprise
40( 1) The exclusive right to a mark, as conferred bv this Act, shall
be acquired by registration in accordance With the provision thereof
(2) A mark cannot be validly registered
(i)
ifit is incapable of distinguishing the goods 01' service:
of one enterprises from those of other enterprises:
(ii )
ifit IS cornrarv to public or morality:
(iii)
if it IS likely to mislead the public or trade Circles, III
particular as regards the geographical origin of tilt'
gOU(!:; or services concerned or their nature ,)1
charactensucs:
(IV)
If it is Identical with, or is an Imitation or contains ;1.',
an element. an armorial bearing, flag anO ot her
emblem, a name or abbreviation or initials uftile name
01: 01 oflicial sign 01 hallmark adopted by, ,111\ Stale'