IP/NII/GHA/TI1 Page 1I (2) In case of honest concurrent use, or of other special circumstances which in the opinion of the Court or the Registrar make it proper so to do, the Court or the Registrar (as the case may be) may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the Court or the Registrar (as the case may be) may think it right to impose. (3) 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 the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or by the Court on an appeal, as the'case may be. Registration 13. (1) In all legal proceedings relating to a trade mark registered as to validity after seven of this Act) the original registration in-Part A of the register of the trade mark shall, after the expiration of seven years from the date of that registration, be taken to be valid in all respects, unless- ~~~~c~hre in Part A of the register (including 'applications under section 32 years. (a) that registration was obtained by fraud, or (b) the trade mark offends against section 11 of this Act, (2) Nothing in subsection (1) of section 5 of this Act shall be construed as making applicable to a trade mark, as being a trade mark registered in Part B of the register, the provisions ofsubsection (1) of this section relating to a trade mark registered in Part A of the register~ 14.. If a trade mark(a) contains any part not separately registered by the proprietor as a trade mark; or (b) contains matter common to the trade or otherwise of a non.. distinctive character; the Court or the Registrar (as the case may be), in deciding whether the trade mark shall be entered or shall remain on the register, may require as a condition of its being ?n the register(i) that the proprietor .shall disclaim any right to the exclusive use of any part of the trade mark, or to the exclusive use of aU or any portion of any such matter, to the exclusive use of which the Court or the Registrar (as the case may be) holds him not to be entitled; or Registration subject to disclaimer.

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