TP/N/J /GHA/TI1
Page 30
(a) in relation to goods certified by the proprietor of the
trade mark if, as to those goods or a bulk -of which
they form part, the proprietor or another in accord...
ance with his authorisation under the relevant rules
has applied the trade mark <and has not subsequently
removed O! obliterated it; or the proprietor has at
any time <expressly or impliedly consented to the use
of the trade mark; 'Of
.
(b) in relation to goods 'adapted to form part of, or to be
accessory to, other goods in relation to which the trade
mark has been used withdtit 'infringement of the right
gi ven by registration ,or might for the time 'being be so
'used, if the use 'of the 'mark is reasonably necessary in
"order to indicate that the goods are so adapted and
neither the purpose nor the 'effect of the use 'of the
mark is to indicate otherwise than .in .accordance with
. 'the fact that the goods, are certified by the proprietor:
Provided that paragraph (a) of this subsection shall nothave
effect in the case of use consisting of the application of any such
mark as is referred to in subsection (4) "of this section to any .goods,
notwithstanding that they are such .goods as are mentioned in that
paragraph, if such application is 'contrary to the relevant rules..
(7) Where a certification trade mark is .oneof twa -or more
registered trade marks that are identioai or nearly resemble each
other, the use of any of those trade marks .m -exercise of the right
to the use of that trade mark given bly registration shall not be
deemed to be an infringement of the right :80 given to the use of
aD:Y other of those trade mar-ks..
(8) There 'shall be -deposited ~a:t the officeof the Registrar in
respect of every trade mark registered under this section rules
approved by the Minister for governing the use thereof,. which
shall include provisions as to the cases in which the proprietor is
to. certify goods and to authorise the use of the trade mark, and
may contain any other provisions that the Minister-may require
or permit to be inserted therein (including provisions conferring a
right of appeal to the Registrar against any refusal of the proprietor
to certify goods or to authorise the use of the trade mark in accord..
-ance 'with the rules)"
(9) Rules deposited under subsection (8) of this section shall
be open to inspection in like manner as the register..
(10) A certification trade mark shall not be assignable or
transmissible otherwise than w-ith the consent of the Minister"
(11) The provisions of the First Schd ule to this Act shallhave
effect with respect to the registration of a mark under this section
and 'to marks so registered.