Laws of malaysia act 175 1976 incorporating all amendments. Part 14 makes certain types of conduct offences against this act. Confidential information received by registrar under section 74 of the repealed act 259. The rights implied by section 14 were defined by the supreme court in the case r. Grounds for refusal of trademark registration part 1.
Registration of trade marks as associated trade marks. Section 21 zb under the 1999 act defines the term trade mark as follows. Introduction section 14 of the lanham trademark act. Explain what are collective trade marks, certification trade. Trademarks regulations sor2018227 repealed regulations made under this act. A trademark application can be refused registration on either absolute or relative grounds as provided under section 9 and 11 respectively. Jul 12, 2001 section 21 zb under the 1999 act defines the term trade mark as follows. An appeal shall lie from any decision of the registrar under this section. Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration. Concept of trade mark under the trade marks act 1999 and the. In section 30a of the principal act and in its marginal heading, for the words, amendment.
Tran 1994, which involved an interpreter for a defendant who spoke vietnamese in an english language trial. Introduction a trademark is a mark used in relation to goods for the purpose of indicating a connection between the goods and some person having the right as proprietor to use the mark. Act on the protection of trade marks and other signs. Penalty for applying false trade marks, trade descriptions, etc. Notes edit general clauses act, 1897, section 3, clause 42 defines person to include any company or association or body of individuals, whether incorporated or not. Trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Bill an act to repeal and replace the trade marks act, chap. Order designating the minister of industry as minister for purposes of sections 11. An examination report is issued in case the registry has some objections with the registration of the application, which may relate to the question of the trademarks distinctiveness, not meeting the qualifications under the act, existing similarity with. An unofficial consolidation produced by patents legal section. Subject to the grounds of cancellation at any time listed above, section 14 of the u. Act on the protection of trade marks and other signs trade. Conduct involving trade or commerce with foreign nations. The trademark registry examines a trademark application within a period of six months to one year from the date of filing.
Federal law united states patent and trademark office. Registration of parts of trade marks and of trade marks as a series. Concept of trade mark under the trade marks act 1999 and. Section 125b application of the provisions of this act. A section 15 declaration is not necessary for maintaining ownership or rights under trademark law, and the failure to file the declaration does not result in the loss of any rights.
Filing separate section 8 and section 15 declarations. After the publication of a trademark application under section 29, any person who thinks that he has better right in the trademark than the applicant or that the trademark is not registrable under section 6 or that the application is not in conformity with the provisions of this act may, within ninety days from the date of publication under section 29, file a notice of opposition with the. Section 14 of the canadian charter of rights and freedoms is the last section under the legal rights heading in the charter. The ghana trademarks amendment act, 2014 page 1 ict. Nothing in the preceding provisions of this section.
Where an act is arbitrary, it is implicit that it is unequal both according to political logic and constitutional law and is therefore violative of article 14. Office means the trade marks office referred to in section 5 of the act. Trade marks act, 1996, section 14 irish statute book. The definition of mark179 and trademark180 are quite comprehensive.
Extent of application 1 this act shall apply to applications for trade marks made a fter the commencement of this act and to trade marks registered on such applications. Applications pending on effective date of the trademark law. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. Insofar as they are provided for herein or are contrary to or consistent with the provisions hereof, all laws, regulations and other rules shall be superseded by this act. Section 14, ibid and schedule ll of the trade marks rules no. The translation includes the amendments to the act by article 11 of the act of 17 july 2017 federal law gazette i p. Be it enacted by parliament in the eighth year of the republic of india as follows. It is hereby notified that the state president has assented to the following act, which is hereby published for general information.
These grounds for refusal of registration shall be discussed in detail as part of a series on the grounds of refusal of registration of trademarks. The supreme court found that section 14 requires the translation to be of consistent quality continuity and unbiased accuracy. Trade marks act, 1999 bare acts law library advocatekhoj. The act has been extended to goa, daman and diu by reg. Aug 01, 2009 subject to the grounds of cancellation at any time listed above, section 14 of the u. The trademarks act, 2004 act 664 referred to as the principal enactment is amended by the substitution for section 1 of meaning of a trademark 1.
Trade marks act 1995 federal register of legislation. Use of names and representations of living persons or persons recently dead. Section 14 of the canadian charter of rights and freedoms. I in all legal proceedings relating to a trade mark registered in part a of the register including applications under section 38 of this act the original. Trademark act states that an action for cancellation of a registration may be brought within five years from the date of the registration of the mark. Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date. Section 14 exclusive right of the proprietor of a trade mark, right to an injunction. Any natural or legal person may acquire an exclusive right to use a trademark as a distinctive sign for goods or services in an industrial or commercial undertaking pursuant to the provisions of this act trademark right. Trade marks registered under section 62 of the former trade marks act cap. Trademarks act 8 kb act current to 20200421 and last amended on 20190618.
Translations may not be updated at the same time as the german legal provisions displayed on this website. Identical and resembling trade marks not be registered. Provided that this section shall not be construed as reviving any s. However, the filing of the section 15 declaration is recommended because it expands trademark rights by making it more difficult to challenge the mark. It provides anyone in a court the right to an interpreter if the person does not speak the language being used or is deaf.