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Jointly owned trade marks.
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27.—(1) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled, as between himself and the other or others, to use it except—
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(a) on behalf of both or all of them, or
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(b) in relation to an article with which both or all of them are connected in the course of trade,
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those persons may be registered as joint proprietors of the trade mark.
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(2) Except as provided by subsection (1), nothing in this Act shall permit the registration as joint proprietors of a trade mark of two or more persons who use, or propose to use, the trade mark independently.
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(3) Subject to subsection (4), where, in accordance with subsection (1), two or more persons are registered as joint proprietors of a trade mark, this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights were vested in a single person.
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(4) The rights of any one of the persons who are registered as joint proprietors of a trade mark (in this subsection referred to as “the joint owners”) shall be deemed to be infringed by any other of the joint owners who uses the trade mark in physical or other relation to goods or services—
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(a) in respect of which the trade mark is so registered; but
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(b) with which both or all of the joint owners are not and have not been connected in the course of trade.
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