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| Identical trade marks |
| Rival claims to identical trade marks |
24. Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other, in respect of —
[7/91] |
| Concurrent use |
25. In case of honest concurrent use, or of other special circumstances which in the opinion of the court or the Registrar make it proper to do so, the court or the Registrar, as the case may be, may permit the registration by more than one proprietor, in respect of —
[7/91] |
| Association of trade marks |
26.—(1) Where a trade mark that is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark that is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of —
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| Combined trade marks |
| 27. If the proprietor of a trade mark claims to be entitled to the exclusive use of any portion of the trade mark separately, he may apply to register the same as separate trade marks. Each such separate trade mark shall satisfy all the conditions and shall have all the incidents of an independent trade mark, except that when registered it and the trade mark of which it forms a part shall be deemed to be associated trade marks, and shall be entered on the register as such, but the user of the whole trade mark shall for the purposes of this Act be deemed to be also a user of such registered trade marks belonging to the same proprietor as it contains. |
| Series of trade marks |
28.—(1) Where a person who claims to be the proprietor of several trade marks for the same goods of the same description within a single class, for the same services or for services of the same description within a single class, seeks to register those trade marks and the trade marks, although they resemble each other in material particulars, differ in respect of —
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| Assignment and user of associated trade marks |
29. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks:
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| Registered users |
30.—(1) Subject to this section, a person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods or services in respect of which it is registered (otherwise than as a defensive trade mark) and either with or without conditions or restrictions.
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