[PINn 1GBAIT11
Page 23
Defensive
trade marks..
27. (1) Where a trade mark consisting of an, invented word or
invented words has become so well known. as, respects any goods
in respect of which it is registered and in relation to. which i.t has
been used that the use thereof in relation to other goods would be
like ly to be taken as indicating a connection in. the course of trade
between those goods- and a person entitled to use the trade mark
in relation to the first-mentioned goods, taen, notwithstanding that
the proprietor registered in' respect of the first-mentioned goods
does not use or propose to use, t1J.e trade, mark in relation to those
other-goods and norwithstanding anything in section ~6, of this Act"
the trade mark may, ell, the, application in the, prescribed manner of!
the proprietor. registered. in. respect of the; fus11-.mentione.~. geods,
be registered in his name in respect of those other goods as a defensive
trade mark and, while so registered, shall-not be Hable to be taken
off the register in respect of those goods under section 26 of this Act
(2) The registered proprietor of a trade mark may apply for
the registration thereof in respect of any' goods as a defensive trade
mark notwithstanding that it is already registered in his name in
respect of those goods otherwise than as a defensive trade mark,
or may apply for the registration thereof in respect of any goods
otherwise than as a defensive trade mark notwithstanding that it
is already registered in his name in respect of those goods as a
defensive trade mark, in lieu in each case of the existing registration"
(3) A trade mark registered as a defensive trade mark and that
trade mark as .otherwise registered in the name of the same pro".
prietor shall, notwithstanding. that the respective registrations are
in respect of different goods, b~ deemed to be, and shall be registered
as, associated trade marks..
(4) On application. by any person aggrieved to the Court or,
at the option of the applicant and' subject to section 50 of this Act,
to the Registrar, the registration of a trade mark as a defensive
trade mark may be cancelled on the ground that the requirements
of subsection (1) of this. section are no longer satisfied in respect of
any goods in respect of \yhJcl1. the trade markjs registered in the
name of the same proprietor otherwise than as' a defensive trade
mark, or may be cancelled .a~ respects any goods in respect of which
it is registered: as 'a defensive trade mark 90 the ground that there
is no longer any likelihood t.1JaJ. theuse of'rhe trade mark in. relation
to those goods would be taken as giving uie indication mentioned
in subsection (1) of this s,~~.tiql1,"">
(5) The Registrar may at any time cancel the registration as
a defensive trade mark of- a 'trade mark of which there is no lonzer
any registration, in the name ofthe same proprietor otherwise tllan
as a defensi ve trade mark,
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