Part 3TRADE MARKS AND TRADE MARK RIGHTS

PART 3—TRADE MARKS AND TRADE MARK RIGHTS

What is a trade mark?

16. A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so provided or dealt with by any other person.

Note: For “sign” see section 5.

Certain signs not to be used as trade marks etc.

17.(1) The regulations may provide that a sign specified in the regulations is not to be used as a trade mark or as part of a trade mark.

(2) Regulations made under subsection (1) do not affect any trade mark that:

(a) was a registered trade mark; or

(b) in the case of an unregistered trade mark—was being used in good faith;

immediately before the regulations were notified in the Gazette.

Certain trade marks may be registered

18.(1) A trade mark may be registered in accordance with this Act in respect of:

(a) goods; or

(b) services; or

(c) both goods and services.

(2) The registration of a trade mark may be in respect of goods or services of one or more of the classes prescribed under subsection (3),

(3) The regulations may prescribe the classes into which goods and services are to be divided for the purposes of this Act.

Rights given by registration of trade mark

19.(1) If a trade mark is registered, the registered owner of the trade mark has, subject to this Part, the exclusive rights:

(a) to use the trade mark; and

(b) to authorise other persons to use the trade mark;

in relation to the goods and services in respect of which the trade mark is registered.

Note: For “use” see section 6.

(2) The registered owner of a trade mark has also the right to obtain relief under this Act if the trade mark has been infringed.

Note: For what amounts to an infringement of a trade mark see Part 13.

(3) The rights are taken to have accrued to the registered owner as from the date of registration of the trade mark.

Note: For “date of registration” see section 5.

(4) If the trade mark is registered subject to conditions or limitations, the rights of the registered owner are restricted by those conditions or limitations.

(5) If the trade mark is registered in the name of 2 or more persons as joint

owners of the trade mark, the rights granted to those persons under this section are to be exercised by them as if they were the rights of a single person.

Nature of registered trade mark as property