Trade Marks Act, 2004 (Act 664) - Revision history

Oblitey: /* SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III */

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SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III

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	====SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III====		====SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III====
	I .................... of ................................. hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.		I .................... of ................................. hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.


	Particulars		Particulars

	1. Number of packages .......................................................................		1. Number of packages .......................................................................

Oblitey: /* SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III */

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SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III

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	Particulars		Particulars
	1. Number of packages .......................................................................		1. Number of packages .......................................................................

	2. Description of goods .....................................................................		2. Description of goods .....................................................................

	3. Name of ship and date of arrival .........................................................		3. Name of ship and date of arrival .........................................................

	4. If importation not by ship any other manner of importation ...............................		4. If importation not by ship any other manner of importation ...............................

	5. Full particulars of the reasons for which detention is asked..............................		5. Full particulars of the reasons for which detention is asked..............................


	Signed .....................................................		Signed .....................................................

	Witness to Signature .......................................		Witness to Signature .......................................

	Date .......................................................		Date .......................................................

Oblitey: /* Section 53 — Repeal and Savings */

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Section 53 — Repeal and Savings

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	(6) The Merchandise Marks (Prohibited Goods) Regulations 32 1936 (Regulations No.33 of 1936) are hereby revoked.		(6) The Merchandise Marks (Prohibited Goods) Regulations 32 1936 (Regulations No.33 of 1936) are hereby revoked.

	SCHEDULE 1		===SCHEDULES===
	Article 4		====SCHEDULE 1 - Article 4 - Paris Convention (1967) - (Section 4(3))====
	Paris Convention (1967)
	(Section 4(3))
	[A to I. Patents, Utility Models, Industrial Designs, Marks, Investors' Certificates: Right of Priority.—G. Patents: Division of the Application]		[A to I. Patents, Utility Models, Industrial Designs, Marks, Investors' Certificates: Right of Priority.—G. Patents: Division of the Application]
	A.—(1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
	(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognised as giving rise to the right of priority.		A. (1) Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
	(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be subsequent fate of the application.
	B.~~—Consequently~~, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis of the right of priority are reserved in accordance with the domestic legislation of each country of the Union.		:(2) Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognised as giving rise to the right of priority.
	C.—(1) The periods of priority referred to above shall be twelve months for patents ad utility models, and six months for industrial designs and trademarks.
	(2) These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period.		:(3) By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be subsequent fate of the application.
	21
	(3) If the last day of the period is an official holiday, or a day when the office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.		B. Consequently, any subsequent filing in any of the other countries of the Union before the expiration of the periods referred to above shall not be invalidated by reason of any acts accomplished in the interval, in particular, another filing, the publication or exploitation of the invention, the putting on sale of copies of the design, or the use of the mark, and such acts cannot give rise to any third-party right or any right of personal possession. Rights acquired by third parties before the date of the first application that serves as the basis of the right of priority are reserved in accordance with the domestic legislation of each country of the Union.
	(4) A subsequent application concerning the same object as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union, shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
	D.—(1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on which such declaration must be made.		C. (1) The periods of priority referred to above shall be twelve months for patents ad utility models, and six months for industrial designs and trademarks.
	(2) These particulars shall be mentioned in the publications issues by the competent authority, and in particular in the patents and the specifications relating thereto.		:(2) These periods shall start from the date of filing of the first application; the day of filing shall not be included in the period.
	(3) The countries of the Union may require any person making a declaration of priority to produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and may in any case be filed, without fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.		:(3) If the last day of the period is an official holiday, or a day when the office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.
	(4) No other formalities may be required for the declaration of priority at the time of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.		:(4) A subsequent application concerning the same object as a previous first application within the meaning of paragraph (2), above, filed in the same country of the Union, shall be considered as the first application, of which the filing date shall be the starting point of the period of priority, if, at the time of filing the subsequent application, the said previous application has been withdrawn, abandoned, or refused, without having been laid open to public inspection and without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
	(5) Subsequently, further proof may be required.
			D. (1) Any person desiring to take advantage of the priority of a previous filing shall be required to make a declaration indicating the date of such filing and the country in which it was made. Each country shall determine the latest date on which such declaration must be made.
			:(2) These particulars shall be mentioned in the publications issues by the competent authority, and in particular in the patents and the specifications relating thereto.
			:(3) The countries of the Union may require any person making a declaration of priority to produce a copy of the application (description, drawings, etc.) previously filed. The copy, certified as correct by the authority which received such application, shall not require any authentication, and may in any case be filed, without fee, at any time within three months of the filing of the subsequent application. They may require it to be accompanied by a certificate from the same authority showing the date of filing, and by a translation.
			:(4) No other formalities may be required for the declaration of priority at the time of filing the application. Each country of the Union shall determine the consequences of failure to comply with the formalities prescribed by this Article, but such consequences shall in no case go beyond the loss of the right of priority.
			:(5) Subsequently, further proof may be required.

	Any person who avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.		Any person who avails himself of the priority of a previous application shall be required to specify the number of that application; this number shall be published as provided for by paragraph (2), above.
	E.—(1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing of a utility model, the period of priority shall be the same as that fixed for industrial designs.
			E. (1) Where an industrial design is filed in a country by virtue of a right of priority based on the filing of a utility model, the period of priority shall be the same as that fixed for industrial designs.
	(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.		(2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.
	F.~~—No~~ country of the Union may refuse a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.
	22		F. No country of the Union may refuse a priority or a patent application on the ground that the applicant claims multiple priorities, even if they originate in different countries, or on the ground that an application claiming one or more priorities contains one or more elements that were not included in the application or applications whose priority is claimed, provided that, in both cases, there is unity of invention within the meaning of the law of the country.

	With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary conditions.		With respect to the elements not included in the application or applications whose priority is claimed, the filing of the subsequent application shall give rise to a right of priority under ordinary conditions.
	G.~~—Priority~~ may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.
	H.—(1) Applications for inventor's certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate shall give rise to the right of priority provided for by this Article, under the same conditions and with the same effects as applications for patents.		G. Priority may not be refused on the ground that certain elements of the invention for which priority is claimed do not appear among the claims formulated in the application in the country of origin, provided that the application documents as a whole specifically disclose such elements.

			H. (1) Applications for inventor's certificates filed in a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate shall give rise to the right of priority provided for by this Article, under the same conditions and with the same effects as applications for patents.

	(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate, an applicant for an inventor's certificate shall, in accordance with the provisions of this Article relating to patent applicants, enjoy a right of priority based on an application for a patent, a utility model, or an inventor's certificate.		(2) In a country in which applicants have the right to apply at their own option either for a patent or for an inventor's certificate, an applicant for an inventor's certificate shall, in accordance with the provisions of this Article relating to patent applicants, enjoy a right of priority based on an application for a patent, a utility model, or an inventor's certificate.
	SCHEDULE 2
	Section 28		====SCHEDULE 2 - Section 28 - FORM OF NOTICE - Notice of fraudulent mark under Part III====
	FORM OF NOTICE		I .................... of ................................. hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.
	Notice of fraudulent mark under Part III
	I ....................~~.....................................................................................................................................~~
	of.................................~~.......................................................................................................................~~
	~~..........................................................................................................................................................~~
	hereby request that the goods specified and about to be imported into the country be detained by the Commissioner of the Customs, Excise and Preventive Service.
	Particulars		Particulars
	1. Number of packages~~......................................................~~.......................................................................		1. Number of packages .......................................................................
	2. Description of goods~~.......................................................~~.....................................................................		2. Description of goods .....................................................................
	3. Name of ship and date of arrival~~.................................................~~.........................................................		3. Name of ship and date of arrival .........................................................
	4. If importation not by ship any other manner of importation~~...............................~~...............................		4. If importation not by ship any other manner of importation ...............................
	23		5. Full particulars of the reasons for which detention is asked..............................
	5. Full particulars of the reasons for which detention is asked........................................................~~..........~~
	~~Signed~~..................................~~....................~~		Signed .....................................................
	~~Witness to Signature~~................................		Witness to Signature .......................................
	Date........................................................		Date .......................................................

Oblitey: /* PART V — MISCELLANEOUS PROVISIONS */

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PART V — MISCELLANEOUS PROVISIONS

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	A person who knowingly makes or causes a false entry to be made in the register commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding one year or to both.		A person who knowingly makes or causes a false entry to be made in the register commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding one year or to both.

	====Section ~~45—Offence~~ of Falsely Representing a Trade Mark as Registered====		====Section 45 — Offence of Falsely Representing a Trade Mark as Registered====
	(1) Any person who makes a false representation		(1) Any person who makes a false representation
	:(a) that a trade mark is a registered trade mark; or		:(a) that a trade mark is a registered trade mark; or

Oblitey: /* PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS */

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PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS

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	===PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS===		===PART IV — PROVISIONS RELATING TO POWERS AND DUTIES OF REGISTRAR AND TO LEGAL PROCEEDINGS===
	====Section ~~34—Power~~ of Registrar to Award Costs====		====Section 34 — Power of Registrar to Award Costs====
	(1) The Registrar may award costs and direct how and by which parties they are to be paid in proceedings under this Act.		(1) The Registrar may award costs and direct how and by which parties they are to be paid in proceedings under this Act.

	(2) The order for costs may, by leave of the court, be enforced in the same manner as a judgment or order of the court.		(2) The order for costs may, by leave of the court, be enforced in the same manner as a judgment or order of the court.

	====Section ~~35—Registration~~ to be prima facie Evidence of Validity====		====Section 35 — Registration to be prima facie Evidence of Validity====
	In legal proceedings relating to a registered trade mark including applications under section 20 of this Act, the fact that a person is registered as owner of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of subsequent assignments and transmission of the trade mark.		In legal proceedings relating to a registered trade mark including applications under section 20 of this Act, the fact that a person is registered as owner of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of subsequent assignments and transmission of the trade mark.

Oblitey: /* Section 12—Invalidation of Mark */

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Section 12—Invalidation of Mark

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	(2) A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.		(2) A grace period of six months is allowed for the late payment of the renewal fee upon payment of the prescribed surcharge.

	====Section ~~12—Invalidation~~ of Mark====		====Section 12 — Invalidation of Mark====
	(1) The High Court shall invalidate the registration of a trade mark if the person requesting the invalidation proves that section 1 or any requirement of section 4 has not been complied with.		(1) The High Court shall invalidate the registration of a trade mark if the person requesting the invalidation proves that section 1 or any requirement of section 4 has not been complied with.

Oblitey: /* Section 20—Rectification or Correction of Register */

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Section 20—Rectification or Correction of Register

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	(4) The register of trade marks shall be open to the public and any person may obtain an extract from the register in accordance with this Act.		(4) The register of trade marks shall be open to the public and any person may obtain an extract from the register in accordance with this Act.

	====Section ~~20—Rectification~~ or Correction of Register====		====Section 20 — Rectification or Correction of Register====
	(1) A person aggrieved by the non-insertion, omission, an error or defect in an entry in the register or by an entry that wrongly remains on the register may apply to the Registrar to make, expunge or vary the entry but an application for rectification may not be made for any matter that affects the validity of the registration of the trade mark.		(1) A person aggrieved by the non-insertion, omission, an error or defect in an entry in the register or by an entry that wrongly remains on the register may apply to the Registrar to make, expunge or vary the entry but an application for rectification may not be made for any matter that affects the validity of the registration of the trade mark.

Oblitey: /* Section 18—Trade Mark Registry */

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Section 18—Trade Mark Registry

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	===PART II — TRADE MARK REGISTRY===		===PART II — TRADE MARK REGISTRY===
	====Section ~~18—Trade~~ Mark Registry====		====Section 18 — Trade Mark Registry====
	(1) There shall be a Trade Mark Registry which shall be located at the Registrar-General's Department.		(1) There shall be a Trade Mark Registry which shall be located at the Registrar-General's Department.

Oblitey at 22:59, 10 June 2024

2024-06-10T22:59:36Z

Show changes

Oblitey: /* Section 6 Examination and Opposition to Registration of Trade Mark */

2024-06-10T22:39:48Z

Section 6 Examination and Opposition to Registration of Trade Mark

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	:(g) the trade mark is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.		:(g) the trade mark is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.

	====Section 6 Examination and Opposition to Registration of Trade Mark====		====Section 6 - Examination and Opposition to Registration of Trade Mark====
	(1) The Registrar shall examine whether the application complies with the requirements of		(1) The Registrar shall examine whether the application complies with the requirements of
	:(a) section 1;		:(a) section 1;