No. 12
Trade and Service Marks
1986
11
(3) The application for the registration of a trade or service mark
under this section shall be made in the same manner as is required in the
case of any ordinary application under this Act subject to any other
requirements which may be prescribed.
23.-(1) The applicant shall, at the direction of the Registrar, furnish
him within the prescribed time limit, with the date and number of any
application for a trade or service 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 (foreign
application) relating to the same or essentially the same trade or service
mark as that in the application filed with the Registrar.
(2) The applicant shall, at the direction of the Registrar furnish him
within the prescribed time limit with the following documents relating
to one of the foreign applications or registrations referred to in subsection
(1)(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 or service mark as registered; and
(c) a copy of any final decision rejecting the foreign application or
refusing the registration requested in the foreign application or
invalidating the foreign registration.
(3) The documents furnished under this section shall merely serve the
purpose of facilitating the examination of the application filed with the
Registrar or of the Registration entered in the registrar on the basis of that
application.
(4) The applicant shall have the right to submit comments on the
documents furnished under this section.
Information
as to foreign
application
24.-(1) Where the relations between two or more persons interested in
a trade or service mark are such that only one of them is entitled
between himself and the other or others to use it except(i) on behalf of both or all of them; or
(ii) in relation to an article or service with 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 or service mark, and
this Act shall have effect in relation to any rights to the use of the
trade or service mark vested in those persons as if those rights
bad been vested in a single person.
(2) Subject as aforesaid nothing in this Act shall authorize the registration
of two or more persons who use a trade or service mark independently,
or propose so to use it, as joint proprietors thereof.
Joint
as
proprietors
25.-(1) Where the proprietors of a trade or service 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 or service marks.
Each separate trade or service mark shall satisfy all the conditions of an
Registration
of parts and
of series of
trade and
service marks