IPINIJ IG.HA/T/1
Page 22
(2) Except where the applicant has been permitted under
subsection (2) of section 12 of this Act to register an identical or
nearly resembling trade mark in respect of the goods in question or
where the Court or the Registrar (as the case may be) is of opinion
that he might properly be permitted so to register such a trade mark
the Court or the Registrar (as the case may be) may refuse an application made under paragraph.(a) or (b) of subsection (1) of this
section in relation to any goods, if it is shown that there has been,
before the relevant date or during the relevant period, as the case
may be, bona fide use of the trade mark by anyproprietor thereof
for the time being in relation to goods of the same description,
"being .goods in respect of which the trade mark is.registered,
(3) Where in relation to any goods in respect of which a trade
mark is registered-«
I
(a) the matters referred to' in paragraph (b). of subsection (1)
of this section are shown so far as regards non-use of
the trade mark in relation to goods to be sold, or other..
wise traded in, in a particular place in Ghana. (otherwise than for export from, Ghana)). or in relation to
goods to be exported to a particular market. outside
Ghana; and
(b) a. person has been permitted, under subsection (2) .of
section 12 of this Act to register an identical or nearly
resembling trade mark in respect of those goods under
a registration extending to use. in relation to goods to be
sold, or otherwise traded in, in that place (otherwise
than for export from Ghana), or in relation to goods
to be exported to that market, or toe Court or the
Registrar is of opinion that he might properly be per...
mined so to rezister such a trade mark:
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•
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on application by that person to, the Court, or, at the option of the
applicant and subject to section 5Q of this Act, to the Registrar, the
Court or the Registrar (as the case may be) may impose on the
registration of the first-mentioned trade mark such limitations as
the Court or the Registrar (as the case. may be) thinks proper for
securing that that registration shall cease to extend to the last..
mentioned use..
(4) An applicant shall not be entitled to rely for the purposes
of paragraph (b) of subsection (1), or for the purposes of subsection
(3) 'of this section on any non-use of' a trade mark that is shown to
have been due to special' circumstances, in the trade and not to any
intention not to US~ or to abandon the, trade. mark in relation to the
goods to which the .application relates, .