fP/N/1/GHA/TI1
Page 26
(13) Nothing. in this section shall confer on a registered user
of a trade mark any assignable or transmissible right to the use
thereof
(14) Anyperson who is registered under this Act as a registered
user of a trade mark shall be deemed to have been so registered as
of the date of the application for his registration as a registered user
Proposed
use of
trade mark
by corpora...
tion to he
constituted,
etc..
29" (1) No application for the registration of a trade mark in
respect of any goods shall he refused, nor shall permission for such
registration be withheld, on the ground only that it appears that
the' applicant does not use or propose to use the trade mark(a) if the Court or the Registrar (as the case may be) is
satisfied that a body corporate is about to be consti...
tuted, and that the applicant intends. to assign the trade
mark to. the corporatioa with a view to the use thereof
in relation to those goods by the corporation; or
(b) if the application is accompanied: by an application for
the registration of a person as a registered user of the
trade mark, and the Court or the Registrar (as the
case may be) is satisfied that the', proprietor intends it
to be used by that person in relation to those goods and
the Court or the Registrar (as the case may be) is also
satisfied that that person wilt be registered as a
registered user thereof.immediately after the registration
of, the, trade mark..
(2)' Section 26 ofthis Act shall have effect, in relation to a trade
mark registered under the power conferred by subsection (J) of this
section as if for the: reference, in paragraph (a) of subsection (I) of
section 26 of this Act,' to intention on the part of an applicant for
registration ·that a trade mark, should be used by him there were
substituted a reference to intention on his 'part that it should be
used by the corporation or registered user- concerned,
..
>
(3) The, Registrar or (in the, case of an appeal), the Court
may, as a condition of the exercise of tile power conferred by
subsec: ion, (I} of this section in favour Q( an applicant who relies
on intention to assign to a corporation require him to, give security
fox the costs of any proceedings before the Registrar or the Court
(as the case may be), and ~~" default Qf such security being duly
given may treat the. application as abandoned,
,
(4) Where a trade mark is registered in respect of' any' goods
under the power conferred by subsection (1) of this section in the
name of an; applicant who relies on inteation to assign to a corporation, then, unless, within ~lJC~, period as may be. prescribed, ~~
within such, {l!rth~J:; P~(~QJj·. pq~> t(;~~iiJ}& six ~ontlu as the R~~tr~
rnay on application being made to him in the prescribed. manner
allow, the corporation has been registered as the proprietor of the
trade mark in respect of those goods, the registration shan cease to
have effect in respect thereof at the expiration of that period, and
the Registrar shall amend the, register accordingly,