Appeal from Registrar's decision on opposed application Provided that a mark shall not be so registrable in the name of a person who carries on a trade in goods of the kind certified. Registration of resembling trade marks as a series. Falsification of register Falsification of register. An application for registration can be refused on several grounds such as where the trademark is a trade name, it is incapable of distinguishing the goods or services of one enterprise from the goods or services of another enterprise or devoid of distinctive character, it is contrary to public order or morality or it is likely to mislead the public or trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics among others.
The Trademarks Act, is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John Agyekum Kufuor.
The Trademarks Act, (The Act) is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John. ACTS OF GHANA. FOURTH REPUBLIC.
TRADE MARKS ACT, (ACT ). ARRANGEMENT OF SECTIONS. Section. PART I—REGISTRATION OF TRADE.
Registration of assignments, etc. Assignment and transmission. Effect of association of trade marks.
Part A registration conclusively valid after seven years Court's power to review Registrar's decisions. Where under any of he foregoing provisions of this Act, an applicant has an option to make an application either to the court or to the Registrar.
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|In all legal proceedings relating to a registered trade mark including applications under section 38 of this Act the fact that a person is registered as proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.
The Registrar may award costs and direct how and by which parties they are to be paid in proceedings under the Act. Provisions supplementary to section Saving for vested rights 8. Registered proprietor's power to assign The offender shall be liable to imprisonment, fine or both.
S. 5(3)(b) and preceding word omitted () by virtue of Trade.
Trade Marks Act. Chapter Laws of the Federation of Nigeria Arrangement of sections. The Registrar and the register.
Disclaimer for purposes of registration Provided that the foregoing provisions of this subsection shall not have effect where the court is satisfied either.
Annual reports of Registrar. Truss and equities Correction of register
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|In cases of collective marks trademarks of companies the registry is required to provide a special section in the register to keep them.
Video: Trade marks act 2004 Economic & Commercial Laws - CS Executive - Trademark Law Explained By Advocate Sanyog Vyas
Assignability of trade marks A trade mark must be registered in respect of particular goods or classes of goods, and any question arising as to the class within which any goods fall shall be determined by the Registrar, whose decision shall be final.
Court's power to review Registrar's decisions. Restraint of use of Arms of Nigeria or of a State, etc.
Video: Trade marks act 2004 Trademarks and Avoiding Consumer Confusion: Crash Course Intellectual Property #5
Certification Trade Marks.
[20/] to which the trade mark is applied. [UK Trade Marks Actss.
1, 6, 53, 55(1), ]. [20/]. CC; No longer in force; View Series *1* The Trade Marks Act as shown in this reprint comprises Act No. (a) The Trade Marks Act was amended by section 3 only of the Administrative Changes (Consequential.
Provided that a proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
Correction of register. Laws of the Federation of Nigeria. Assignment and transmission.
The Registrar shall before 1st July in every year send to the Minister a report on the execution by or under the Registrar of this Act, and on receipt of any such report, the Minister shall lay a copy thereof before each House of the National Assembly.
This request may be made to the registrar who further forwards the application to the high court.
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|Assignability of trade marks Subject to the provisions of this Act, the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for an assignment thereof.
The Act also prevents the use of reserved items such as badges, seals, devices, emblems or a flag for the use of the State or an apparatus of the State in a manner that leads or is likely to lead to the belief that that person is authorised to use such reserved items without lawful authority. A person may claim the acts done were of pure intent thus not for defrauding purposes. An offence committed by body of persons which may include a body corporate other than a partnership, every director, manager, secretary or other officer of similar status of that body corporate shall be deemed to have committed that offence; and in the case of a partnership, every partner or officer of similar status shall be deemed to have committed that offence.
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark; but nothing in this Act shall be taken to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof. Recognition of agents