37. Co-ownership of registered trade mark

Where a registered trade mark is granted to 2 or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.

Subsections (3) to (8) apply where 2 or more persons are co‑proprietors of a registered trade mark, by virtue of subsection (1) or otherwise.

Subject to any agreement to the contrary, each co-proprietor is entitled, by himself, herself or itself or the co‑proprietor’s agents, to do for the co‑proprietor’s own benefit and without the consent of or the need to account to the other or others, any act which would otherwise amount to an infringement of the registered trade mark.

One co-proprietor may not, without the consent of the other or others —

Infringement proceedings may be brought by any co‑proprietor, but the co‑proprietor may not, without the permission of the Court, proceed with the action unless the other, or each of the others, is either joined as a claimant or added as a defendant.

A co-proprietor who is added as a defendant under subsection (5) is not to be made liable for any costs in the action unless that co‑proprietor takes part in the proceedings.

Nothing in subsection (5) affects the granting of interlocutory relief on the application of a single co‑proprietor.

Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.