Trade Marks
[CAP. 401
15
(4) An appeal shall lie from any decision of the Registrar under
this section.
(As amended by Act No. 17 of 1980)
16. It shall not be lawful to register as a trade mark or part of a
trade mark any matter the use of which would, by reason of its being
likely to deceive or cause confusion or otherwise, be disentitled to
protection in a court of justice or would be contrary to law or moral
ity, or any scandalous design.
Prohibition of
registration of
deceptive.
etc .• mailer
17. (1) Subject to the provisions of subsection (2), no trade mark
shall be registered in respect of any goods or description of goods
that is identical with a trade mark belonging to a different proprietor
and already on the register in respect of the same goods or descrip
tion of goods, or that so nearly resembles such a trade mark as to be
likely to deceive or cause confusion.
Prohibition of
registration of
identical and
resembling
trade marks
(2) In the case of honest current use or other special circum
stances which, in the opinion of the Registrar, or the High Court in
the event of an appeal from a decision of the Registrar, make it
proper so to do, the Registrar or the High Court as the case may be,
may permit the registration of trade marks that are identical or nearly
resemble each other in respect of the same goods or description of
goods by more than one proprietor subject to such conditions and
limitations, if any, as the Registrar or the High Court may think it
right to impose.
(3) Where separate applications are made by different persons to
be registered as proprietors respectively of trade marks that are iden
tical or nearly resemble each other in respect of the .same goods or
descriptionof goods, the Registrar may refuse to register any of them
until their rights have been determined by the Tribunal or have been
settled by agreement in a manner approved by him or on an appeal
by the Tribunal.
(As amended by Act No. 17 of 1980)
18. (l) In all legal proceedings relating to a ~de mark registered Registrati~n in
Part A to be
in Part A of the register (including applications under section thirty
conclusive as
seven), the original registrationin plUtA oLihe.i~glstei of !!Ie trade to validity
seven
mark shall. after the expiration of seven years from the date of that after
years
registration, be taken to be valid in all respects, unless
(a) that registration was obtained by fraud; or
\ ,"" I
'-<.:.
(b) ~~!I"ade mark offends against the provisions of section six
teen.
(2) Nothing in subsection (1) of section ten shall be construed as
making applicable to a trade mark, as being a trade mark registered
in Part B of the register, the foregoing provisions of this section relat
ing to a trade mark registered jn Part A of the register.