Rev. 2009]
Trade Marks
CAP. 506
Act;
69
[Subsidiary]
(b) without the written permission of the competent authority, any
honour or award, or any title or abbreviation of a title thereof,
created by the President;
(c) any armorial bearing, insignia or flag of any foreign state or
international intergovernmental organization;
(d) any honour or award, or any title or abbreviation of a title thereof,
of any foreign state;
(e) any title or abbreviation thereof of any international intergovernmental
organization.
17. Where a representation in any form of the armorial bearings, insignia, Arms of city, etc.
orders of chivalry, decorations or flags of any city, borough, town, place, society,
body corporate, institution or person appears on a mark, the Registrar, before
proceeding to register the mark, may require to be furnished with a consent to
the registration and use of those emblems from such official or other person
as appears to the Registrar to be entitled to give consent, and in default of that
consent he may refuse to register the mark.
18. Where the name or representation of any person appears on a trade Living persons or
mark, the Registrar may require, before proceeding to register the mark to persons recently
be furnished with consent from him or, in the case of a person recently dead, dead.
from his legal representatives, and in default of that consent he may refuse to
register the mark.
19. (1) Where the name or description of any goods or the name or
description of any services appears on a trade mark the Registrar may refuse
to register such mark in respect of any goods or services, as the case may be,
other than the goods or services so named or described.
Name and description
of goods or services
on a trade mark.
42 of 1995.
(2) Where the name or description of any goods or the name or description
of any services appears on a trade mark, and the name or description in use
varies, the Registrar may permit the registration of the mark for these and other
goods or services, as the case may be, and in that case the applicant shall state
in his application that the name or description will be varied when the mark is
used upon goods or services covered by the specification other than the named
or described goods or services.
20. (1) A person who proposes to apply for the registration of a trade
mark in relation to goods or services may apply to the Registrar for advice as
to whether the trade mark appears to the Registrar prima facie to be inherently
adapted to distinguish the goods or services within the meaning of section 12
of the Act or to be inherently capable of distinguishing the goods or services
within the meaning of section 13 of the Act.
(1A) An application under paragraph (1) shall be in form TM 27 and shall
be accompanied by duplicate representations of the trade mark.
Preliminary advice
by Registrar as to
distinctiveness.
42 of 1995,
L.N. 146/2003.