20
No. 12
Associated
trade mark
41.-(1) Where a pending trade or service mark or a trade or service
mark that is registered in respect of any goods or services is identical with another mark that is registered, or is pending, in the name
of the some proprietor in respect of the same goods or services or closely
related goods or services, or so nearly resembles it as to be likely to deceive or
cause confusion if used by a person other than the proprietor, the Registrar
may at any time require that the trade or service mark be entered in the
register as associated trade or service marks.
(2) Where a trade or service mark and any part or parts thereof are,
by virtue of section 25 (1), registered as separate trade or service marks
in the name of the same proprietor, they shall be deemed to be and shall
be registered as, associated trade or Service marks.
Trade and Service Marks
1986
(3) All trade or service marks that are by virtue of section 25 (2),
registered as a series in one registration shall be deemed to be, and shall
be registered as associated trade or service marks.
(4) Trade or service marks that are registered as, or that are deemed by
virtue of this Act to be, associated trade or service marks shall be assignable
and transmissible only as a whole and not separately, but they shall for
all other purposes be deemed to have been registered as separate trade
or service marks.
(5) Upon application made in the prescribed manner by the registered
proprietor of two or more trade or service marks registered as associated
trade or services marks, the Registrar shall dissolve the association as
respect any of them if he is satisfied that there would be no likelihood of
deception or confusion being caused through use by another person,
and shall amend the register accordingly.
(6) The registered proprietor of trade or service marks which qualify
to be associated shall request them to be associated if the Registrar had
not previously entered them as associated trade or services marks in the
register.
PART X
REGISTERED USERS
Registered
user
42.-(I) Subject to the provisions of section 43, 44 and 45, a person
other than the proprietor of a registered trade or service mark may be
registered as a registered user thereof in respect of all or any of the goods
or services in respect of which it is registered. The use of a trade or service
mark by a registered user thereof in relation to goods or services with
which he is connected in the course of trade or business and in respect
of which for the time being the trade or services mark remains registered,
in compliance with any conditions or restrictions to which his registration
is subject, shall be permitted use of the trade or service mark.
(2) The permitted use of a trade or service mark shall be deemed to be
use by the proprietor thereof, and shall be deemed not to be used by a
person other than the proprietor.