Part v use and non use of a trademark or service mark

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Part V —Use And Non-Use of A Trademark or Service Mark. Removal from register and imposition of limitations on ground of non-use. Defensive registration of trademarks relating to goods or services. Removal of defensive trademarks from the register. 2
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Act 17 Sectio n. 49. 50. 51. 52. 53. 54. 55. 56. 5 7 . 5 8 . 5 9 . 4 6 6 8 . 6 7 1 . 7 2 . 7 3 . Trademarks Act 2010 Permitted user. Variation or cancellation of registration as a registered user. Notification of registration as registered user and or application for variation or cancellation of the registration. Registrar’s decision under section 54 and 55 subject to appeal. Proposed use of trademark by corporation to be construed. Use of one of associated or substantially identical trademark equivalent to use of another. Use of trademark for export trade. Use of trademark after change in form of trade connection. Part VI— Legal Proceedings And Appeals. Power of registrar to award costs. Registration to be prima facie evidence of validity. certificate of validity. Trade usage, etc. to be considered. Registrar’s appearance in proceedings involving rectification. court’s power to review registration. Procedure in case of option to apply to court or registrar. Payment of costs by the registrar. Security of costs. Powers of court on appeal. Chief Justice to make rules of procedure. Part VII— Evidence. Mode of giving evidence. Evidence of entries in register. Evidence of entries made or of things done by the registrar. Part VIII— Offences. Forging or counterfeiting trade mark Falsification of entries in register. Falsely representing a trademark as registered. Falsifying or unlawful removal of a registered trademark. Falsely applying a registered trademark. Manufacture and possession of dye etc for use in comm ission of offence. Selling etc goods with false marks. 3
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81. Penalties and compensation. 82. Inspectors. 83. Entry into premises. 84. Mode of inspection of premises. 85. Inspectors or public officers not personally liable. 86. Suspension of release by customs authorities. 87. Fees. 88. General power to rectify entries in register. 89. Power to expunge or vary registration for breach of condition. 90. Correction of register. 91. Alteration of registered trademark 92. Adaptation of entries in register to amend or substitute classification of goods or services. 93. Recognition of agents. 94. Address for service. 95. Hours of business and excluded days. 96. Provisions as to public holidays. 97. Power of Minister to make regulations. 98. Minister’s power to amend Schedule. 99. Repeal and savings. SCHEDULE Currency point 4
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Act 17 Trademarks Act 2010 THE TRADEMARKS ACT, 2010 An Act to consolidate the law relating to trademarks; to repeal and replace the Trademarks Act; to provide for the appointment of a registrar; for the registration of trademarks; for the procedure for and duration of registration; for the effect of registration and action for infringement of a trademark; for the use and non use of a trademark; for fees; for legal proceedings and appeals; for trademark offences; for regulations and for related matters.
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