26. Association of trade marks
Feedback & supportLast amended by an amending law of 1991.
Where a trade mark that is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark that is registered, or is the subject of an application for registration, in the name of the same proprietor 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 or services;
the same description of goods or services; or
goods and services or description of goods and services which are associated with each other,or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trade marks shall be entered on the register as associated trade marks.
On application made in the prescribed manner by the registered proprietor of two or more associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by another person in relation to any of the goods or services in respect of which it is registered, and may amend the register accordingly.
prescribed
“prescribed”, in relation to proceedings before the court or preliminary thereto or connected therewith, means prescribed by Rules of Court made under the Supreme Court of Judicature Act and in other cases, prescribed by this Act or in any rules made thereunder;
Any decision of the Registrar under this section shall be subject to appeal to the court.
Registrar
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;