Trade Marks Act, 1963
|
SECOND SCHEDULE. Transitional Provisions. | ||
Preservation for three years of rights under section 82 (2) of Act of 1927. | ||
1. Notwithstanding subsection (1) of section 17 of this Act and the repeal of subsection (2) of section 82 of the Act of 1927, any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the 13th day of August, 1875, which has continued to be used (either in its original form or with additions or alterations not substantially affecting the identity of the same) down to the date of the application shall, in the period ending on the day which is three years after the commencement of this Act, be registrable as a trade mark in Part A of the register under this Act. | ||
Assignments and transmissions before the commencement of this Act giving exclusive rights in different places in the State. | ||
2. The validity of an assignment or transmission of a trade mark effected or claimed to have been effected before the commencement of this Act, in any such case as is mentioned in subsection (6) of section 30 of this Act, shall be determined as if the provisions contained in subsections (1) to (5) of that section had not been enacted: | ||
Provided that, on application made in the prescribed manner within three years from the commencement of this Act, by a person who claims that an assignment or transmission of a registered trade mark to him or to a predecessor in title of his has been so effected, the Controller shall have the like jurisdiction as under the proviso to subsection (6) of the said section 30, and an assignment or transmission approved by him shall not be deemed to have been invalid on the ground of the subsistence of such rights as are mentioned in the said subsection (6) or on the ground that the assignment or transmission was effected otherwise than in connection with the goodwill of a business or was effected in respect of some (but not all) of the goods in respect of which the trade mark was registered, if application for the registration under section 33 of this Act of the title of the person becoming entitled is made within six months from the date on which the approval is given, or was made before that date. | ||
Saving as to retrospective provisions relating to assignments and transmissions. | ||
3. The retrospective provisions contained in section 30 of this Act, and in paragraph 2 of this Schedule shall have effect without prejudice to any determination of the Controller or the Court that was made before the commencement of this Act, or to the determination of any appeal from a determination so made, or to any title acquired for valuable consideration before the commencement of this Act. | ||
Association of trade marks assignable or transmissible as a whole. | ||
4. Where immediately before the commencement of this Act a trade mark was registered in Part B of the register subject to a condition rendering it assignable or transmissible only as a whole with another trade mark registered in the name of the same proprietor or with two or more other trade marks so registered, and not separately, the trade marks shall be deemed to be associated trade marks, and the entries in the register relating thereto may be amended accordingly. | ||
Previous use of a trade mark by person becoming registered user on application made within three years of appointed day. | ||
5. Where a person is registered as a registered user of a trade mark on an application made within three years from the commencement of this Act, subsection (2) of section 36 of this Act shall have effect in relation to any previous use (whether before or after the commencement of this Act) of the trade mark by that person, being use in relation to the goods in respect of which he is registered and, where he is registered subject to conditions or restrictions, being use such as to comply substantially therewith, as if such previous use had been permitted use. | ||
Use of trade mark for export trade before appointed day. | ||
6. Section 39 of this Act shall be deemed to have had effect in relation to an act done before the commencement of this Act as it has effect in relation to an act done after the commencement of this Act, without prejudice, however, to any determination of the Controller or the Court which was made before the commencement of this Act or to the determination of any appeal from a determination so made. | ||
Trade marks registered under section 123 of the Industrial and Commercial Property (Protection) Act, 1927 to be deemed to have been registered under section 45 of this Act. | ||
7. Section 45 of this Act shall have effect, in relation to a trade mark that immediately before the appointed day was on the register by virtue of section 123 of the Act of 1927, as if the said section 45 had been in force at the date of the registration of the trade mark and it had been registered under that section, subject however to the following modifications, that is to say:— | ||
(a) the proviso to subsection (1) of the said section 45 shall not apply; | ||
(b) in a case in which regulations for governing the use of the trade mark are deposited at the Office at the commencement of this Act, those regulations shall be deemed to have been deposited under the said section 45; | ||
(c) in a case in which no such regulations are deposited at the commencement of this Act, the proprietor shall be at liberty, or may be required by the Minister as a condition of the continuance of the registration, to deposit at any time thereafter such regulations as the Minister may permit or require; and | ||
(d) in a case in which no such regulations are for the time being deposited, the said section 45 shall have effect as if references therein, and in the First Schedule to this Act, to the regulations had been omitted. |