23. Identical trade marks
Feedback & supportLast amended by an amending law of 1991.
Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;
the same goods;
the same description of goods; or
services or a description of services which are associated with those goods or goods of that description.
Except as provided by section 25, no trade mark shall be registered in respect of any services or description of services that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —
register
“register” means the register of trade marks kept under the provisions of this Act;
the same services;
the same description of services; or
goods or a description of goods which are associated with those services or services of that description.