No. 2
9
Trademarks
(7) The Registrar shall make a decision regarding the opposition
to registration of a trademark within thirty days from the date of
conclusion of the hearing held pursuant to subsection (6).
11.__(1) When the Registrar accepts an application for
registration of a trademark and either(a) the application has not been opposed and the time for notice
of opposition has expired; or
(b) the application has been opposed and the opposition has
been decided in favour of the applicant,
the Registrar shall, unless the Tribunal otherwise directs,
register the trademark, and the registration shall be with effect
from the date of filling the application for registration which shall
be deemed to be the date of registration.
Registration
of a
trademark
(2) The Registrar shall, on the registration of a trademark and
upon payment of the prescribed fee, issue to the applicant, a
certificate of registration in the prescribed form, and under the seal
of the Trademarks Office.
(3) Where the applicant fails to complete registration processes of
a trademark within twelve months from the date of the application,
the Registrar shall treat the application as abandoned.
12.__(1) On registration of a mark as a trademark, an owner of
the registered trademark shall have the exclusive right to use the
trademark in respect of the goods or services for which the
trademark was registered.
(2) The rights of the owner shall be effective from the date of
filing of the application for registration.
13.__(1) A registered trademark shall not be infringed by the use
of another registered trademark in relation to goods or services for
which the latter is registered following honest concurrent use of the
previously registered trademark for a period of five years during
which the owner of the rights in the registered trademark has had
knowledge of such use by the latter.
(2) The following acts shall not constitute infringement of a
trademark__
(a) the use of the trademark by a person in his own name or
address, the name of his place of business, the name of any of his
predecessors in business, or the name of any such predecessor’s
place of business;
(b) the use of the trademark where it is necessary to indicate
the kind, quality, quantity, intended purpose, value, geographical
Rights
conferred by
registration
Infringement
of a
trademark