Act 17
Trademarks Act
2010
(6) An owner added as defendant is not liable for any costs
unless he or she files a written statement of defence and takes part in
the proceedings.
(7) Where it is proposed that a person should be registered as a
registered user of a trademark, the owner and the proposed registered
user may apply to the registrar in the prescribed manner and shall
furnish him or her with a statutory declaration made by the owner or
by some person authorised to act on his or her behalf and approved
by the registrar—
(a) giving particulars of the relationship, existing or proposed,
between the owner and the proposed registered user,
including particulars showing the degree of control by the
owner over the permitted use which their relationship will
confer and whether it is a term of their relationship that the
proposed registered user shall be the sole registered user or
that there shall be any other restriction as to persons for whose
registration as registered users application may be made;
(b) stating the goods or services in respect of which registration
is proposed stating—
(i)
any conditions or restrictions proposed with respect to
the characteristics of the goods or services, to the
mode or place of permitted use or to any other matter;
(i)
whether the permitted use is to be for a period or
without limit of period and if for a period, the duration
of the period,
together with further documents, information or evidence as may be
required by the regulations or by the registrar.
(8) Where the requirements of subsection (7) have been
complied with, if the registrar, after considering the information
furnished to him or her under that subsection, is satisfied that in all
the circumstances the use of the trademark in relation to the proposed
goods or services or any of them by the proposed permitted user
subject to any conditions or restrictions which the registrar thinks
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