47 defensive registration of trademarks relating to

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47. Defensive registration of trademarks relating to goods or services. (1) Where a trademark relating to goods or services and consisting of an invented word or invented words or a device or devices or a combination of them, has become so exceptionally well known as respects goods or services in respect of which it is registered and in relation to which it has been used that the use of that trademark in relation to other goods or to services or both, is likely to detract from its distinctive character in respect of the goods or services then, notwithstanding— 45
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Trademarks Act 2010 that the use would not be likely to be taken as indicating a connection in the course of trade between those other goods or services or those services or both, as the case may be and a person entitled to use the trademark in relation to the goods or services; and that the owner registered in respect of the goods or services does not use or propose to use the trademark in relation to other goods or services or both, as the case may be and notwithstanding section 48, the trademark may, on the application in the prescribed manner of the owner registered in respect of the goods or services, be registered in his or her name in respect of other goods or services or both, as the case may be, as a defensive trademark and while registered, shall not be liable to be taken off the register in respect of those goods or those services under section 48. (2) In determining whether a trademark relating to goods or services is exceptionally well known and whether its use in relation to other goods or to services or both, would be likely to detract from its distinctive character in respect of goods or services for which it is registered, the registrar shall have regard to all related circumstances, including— (a) the length of time the trademark has been in use; (b) the extent to which it has become well known in relation to the goods or services in respect of which it is registered; (c) the nature of those goods or services; and (d) whether the notoriety of the mark is limited because of its use on goods or services that do not have wide distribution. (3) The registered owner of a trademark relating to goods or services may apply for the registration of a trademark in respect of goods or services as a defensive trademark notwithstanding that it is already registered in his name in respect of those goods or services otherwise than as a defensive trademark or may apply for the 46 Act 17 (a) (b)
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Act 17 Trademarks Act 2010 registration in respect of any goods or services otherwise than as a defensive trademark notwithstanding that it is already registered in his name in respect of those goods or services as a defensive trademark, in place of the existing registration.
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