No. 12
Trade and Service Marks
1986
21
(3) Subject to any agreement subsisting between the parties, a registered
user of a trade or service mark shall be entitled to request the proprietor
there of to take Proceedings to Prevent infringement thereof and, if the
proprietor refuses or neglects to do so within two months after being so
called upon, the registered user may institute proceedings for infringement
in his own name as if he were the proprietor, joining the proprietor as
defendant.
43.-(1) When it is proposed that a person be registered as a registered
user of a trade or service mark, an application there for shall be made in
the prescribed manner jointly by registered proprietor and the proposed
registered user who shall furnish the Registrar(a) either with information that proposed registered user is wholly
controlled by the registered proprietor and that there is no other
contractual relationship between the parties, or with a copy of the
licence contract between the parties; and
(b) with a statement containing
(i) the identity of the registered trade or service mark;
(ii) the name and address of the registered proprietor;
(iii) the name and address of the proposed registered user;
(iv) the goods or services in respect of which the registered user is
proposed to be registered;
(v) the restrictions on use, if any, by proposed registered user; and
(vi) the period of permitted use.
(2) When the requirements of subsection (1) have been complied with
and the Registrar, after considering the information furnished to him
under that subsection, is satisfied that in all the circumstances the proposed
use of the trade or service mark by the proposed registered user, subject to
any conditions or restrictions which he thinks proper, would not be contrary
to the public interest, he may register the proposed registered user as a
registered user in respect of goods or services as to which he is so satisfied.
Registration
of registered
44.-(1) A licence contract shall be invalid in the absence of relations or
stipulations between the registered proprietor of the trade or service
mark and the proposed registered user, ensuring effective control by the
registered proprietor of the quality of the goods or services of the proposed
registered user in relation to which the trade or service mark is to be used.
Guarantee
of control
(2) In the absence of any provision. to the contrary in the licence contract,
the grant of a licence shall not prevent the registered proprietor from granting further licences to third parties or from using the trade or service
mark himself.
(3) The grant of an exclusive licence shall prevent the registered proprietor from granting further licences to third parties and from using the
trade or service mark himself.
(4) In the absence of any provision to the contrary in the licence
contract, the registered user shall be entitled to use the trade or service
mark during the whole duration of registration, including renewals, in the