Part 11REGISTERED USERS

PART 11—REGISTERED USERS

Registration of users

113. A person other than the registered owner of a registered trade mark may be registered as a user of the trade mark under this Part in relation to any or all of the goods or services in respect of which the trade mark is registered.

114.(1) A person seeking to be registered as a user of a registered trade mark must, together with:

(a) the applicant for the registration of the trade mark; or

(b). the registered owner of the trade mark. apply to the Registrar for the person to be so registered.

(b) be filed in accordance with the regulations.

Registration—how effected

115.(1) If the application under section 114 relates to a registered trade mark, the Registrar must register the person as a user of the trade mark.

(2) If the application under section 114 relates to a trade mark whose registration is sought, the Registrar must register the person as a user of the trade mark if and when the trade mark is registered.

(3) Particulars of the registration of the person as a user of the trade mark must be entered in the Register in accordance with the regulations.

(4) The registration has effect from and including the day on which the application was filed under subsection 114(2).

Powers of registered user

116.(1) Subject to this Act and to any agreement with the registered owner of the trade mark, the registered user of the trade mark may bring an action for infringement of the trade mark if the registered owner of the trade mark has refused or neglected to do so within the prescribed period.

(2) if the registered user brings an action for infringement of the trade mark, he or she must make the registered owner of the trade mark a defendant in the action. However, the registered owner is not liable for costs if he or she does not take part in the proceedings.

Note: See subsections 130(1) and 141(3) for other powers of the registered user.

User may not assign etc. any right

117. The registration of a person as a user of a trade mark does not enable the person to assign or transmit to another person any right to use the trade mark.

Common law rights of registered owner not affected by registration

118.(1) Any rights that the registered owner of a trade mark has at common law regarding the trade mark are not affected by:

(a) the registration of a person as a user of a trade mark; or

(b) any use of the trade mark by a registered user.

(2) For the purpose of deciding the rights of the registered owner at common law regarding the trade mark, any use of the trade mark by the registered user is taken to be a use of the trade mark by the registered owner.