Act 17
Trademarks Act
2010
(b) the application is accompanied by an application for the
registration of a person as a registered user of the trademark
and the registrar or the court is satisfied that the owner
intends it to be used by that person in relation to those
goods or services and the registrar or the court is also
satisfied that that person will be registered as a registered
user immediately after the registration of the trademark.
(2) Section 46 shall have effect, in relation to a trademark
registered under the power conferred by subsection (1)(b), as if for the
reference, in section 46(3)(b), to intention on the part of an applicant for
registration that a trademark should be used by him or her there were
substituted a reference to intention on his or her part that it should be
used by the body corporate or registered user concerned.
(3) The court or the registrar may, as a condition of the exercise of
the power conferred by subsection (1) in favour of an applicant who relies
on intention to assign to a body corporate under subsection (1)(a), require
him or her to give security for costs of any proceedings before the court
or the registrar relating to any objection or appeal; and in default of the
security being duly given may treat the application as abandoned.
(4) Where a trademark is registered in respect of any goods or
services under the power conferred by subsection (1), the name of an
applicant who relies on an intention to assign to a body corporate,
then, unless within the prescribed period or within such further period
not exceeding six months as the registrar may on application being
made to him or her in the prescribed manner allow the body corporate
which has been registered as the owner of the trademark in respect of
those goods or services, the registration shall cease to have effect in
respect of the goods or services at the expiration of that period; and
the registrar shall amend the register accordingly.
54. Use of one associated or substantially identical trademark
equivalent to use of another.
(1) Where under this Act the use of a registered trademark is
required to be proved for any purpose, the court or the registrar may,
accept the use of an associated registered trademark or of the
trademark with additions or alterations not substantially affecting its
identity, as an equivalent for the use required to be proved.
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