22 act 17 trademarks act 2010 2 subject to section 26

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Act 17 Trademarks Act 2010 (2) Subject to section 26, a trademark relating to services shall not be registered in respect of services or description of services that is identical with or nearly resembles a trademark belonging to a different owner and already on the register in respect of— (a) the same services; (b) the same description of services; or (c) goods or a description of goods which are associated with those services or services of the description. 26. Application for registration of identical or resembling trademarks. (1) Where separate applications are made by different persons to be registered by the owner as a trademark or if in the case of a trademark relating to— (a) goods it contains matter common to the trade or otherwise of a non- distinctive character; or (b) services it contains matter common to the provision of services of that description or otherwise of non-distinctive character, the registrar or the court, in deciding whether the trademark shall be entered or shall remain on the register, may require, as a condition of its being on the register— (i) that the owner shall disclaim any right to the exclusive use of any part of the trademark or to the exclusive use of all or any portion of the matter, to the exclusive use of which the registrar or court holds him or her not to be entitled; or (ii) that he or she shall make such other disclaimer as the registrar or court may consider necessary for the purpose of defining his or her rights under the registration. 23
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Act 17 Trademarks Act 2010 (2) A disclaimer on the register shall not affect rights of the owner of a trademark except where the disclaimer would arise out of the registration of the trademark in respect of which the disclaimer is made. 27. Concurrent use. The registrar or court may permit the registration by more than one owner, in a case of honest concurrent use or other special circumstances in respect of— (a) the same goods or services; (b) the same description of goods or services; (c) goods and services or descriptions of goods and services which are associated with each other; or (d) trademarks that are identical or nearly resemble each other, subject to such conditions and limitations as the registrar or the court may impose. 28. Status of trademarks removed from the register. (1) Where a trademark has been removed from the register for non-payment of the fee for renewal, it shall, for the purpose of an application for registration of a trademark during one year next after the date of the removal, be taken to be a trademark that is already on the register. (2) Subsection (1) shall not have effect where the registrar or the court is satisfied either— (a) that there has been no bona fide trade use of the trademark that has been removed during the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the trademark that is the subject of the application for registration by reason of previous use of the trademark that has been removed.
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