24 act 17 trademarks act 2010 29 associated

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Act 17 Trademarks Act 2010 29. Associated trademarks. (1) Where a trademark relating to goods registered or that is the subject of an application for registration, in respect of any goods is identical with another trademark that is registered or is the subject of an application for registration, in the name of the same owner in respect of— (a) the same goods or description of goods; or (b) services that are associated with those goods or goods of that description or so nearly resembling it as to be likely to deceive or cause confusion if used by a person other than the owner, the registrar may, at any time, require that the trademarks be entered on the register as associated trademarks. (2) Where a trademark relating to services that are registered or subject of an application for registration, in respect of services identical with another trademark that is registered or is the subject of an application for registration, in the name of the same owner in respect of— (a) the same services or description of services; or (b) goods that are associated with those services or services of that description or so nearly resembling it as to be likely to deceive or cause confusion if used by a person other than the owner, the registrar may at any time require that the trademarks be entered on the register as associated trademarks. (3) On application made in the prescribed mann er by the registered owner of two or more trademarks registered as associated trademarks, the registrar may dissolve the association as regards any of them if he or she is satisfied that there would be no likelihood of deception or confusion being caused if that trademark was used by another person in relation to any of the goods or services in respect of which it is registered and he or she may amend the register accordingly. 25
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Act 17 Trademarks Act 2010 (4) A person aggrieved by the decision of the registrar under this section may appeal to the court. 30. Series of trademarks. (1) Where a person who claims to be the owner of several trademarks, in respect of the same goods or services or the same description of goods or services, seeks to register those trademarks and the trademarks resemble each other and the material particulars differ in respect of— (a) statements of the goods or services in relation to which they are respectively used or proposed to be used; (b) statements of number, price, quality or names of places; (c) other matter of a non-distinctive character which do not substantially affect the identity of the trademark; or (d) colour, the trademarks may be registered as a series in one registration. (2) All trademarks registered under subsection (1) shall be taken to be and shall be registered as associated trademarks. (3) On application made in the prescribed manner by the registered owner of two or more trademarks registered as associated trademarks, the registrar may dissolve the association if he or she is satisfied that there would be no likelihood of deception or confusion
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