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Registration of United Kingdom Trade Marks Act


Published: 1946

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Registration of United Kingdom (CAP. 377A 1
Trade Marks

CHAPTER 377A

THE REGISTRATION O F UNITED KINGDOM
TRADE MARKS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Application for registration.
4. Procedure on application.
5. Issue of certificates.
6. Privileges of proprietor.
7. Duration of privileges.
8. Right of action for passing off.
9. Powers of Court.

10. Assignment of privileges.
11. Application by United Kingdom registered user to be

registered in Antigua and Barbuda.
12. Rules.
13. Keeping and inspection of register.
14. Renewal of registration.
15. Powers of Registrar.

LAWS OF ANTIGUA AND BARBUDA

Registration of United Kingdom (CAP. 377A 3
Trade Marks

REGISTRATION OF
UNITED KINGDOM TRADE MARKS

1. This Act may be cited as the Registration of United Short title.
Kingdom Trade Marks Act.

2. In this Act- Interpretation.

"Court" means the High Court;

"register" means the register of Trade Marks required
to be kept under this Act;

"Registrar" means the Registrar of the Court.

3. Any person being the registered proprietor of a Application for
registration. trade mark in the United Kingdom by virtue of an entry

in the register of trade marks kept under the Trade Marks f.8;: GeO.
Act, 1938, or any Act amending or substituted for that Act,
or any person deriving title from such registered proprietor
by assignment or other mode of transfer, may apply at any
time during the existence of the registration in the United
Kingdom to have such trade mark registered in Antigua and
Barbuda in respect of some or all of the goods comprised
in the United Kingdom registration.

4. An application for registration of a trade mark r';;$f;n""
under this Act shall be made to the Registrar and accom-
panied by a certified representation of the trade mark and
a certificate of the Comptroller General of the United
Kingdom Patent Office (under his title of Registrar of Trade
Marks) giving full particulars of the registration of the trade
mark in the United Kingdom and such other documents as
may from time to time be prescribed.

5 . Upon such application being lodged, together with f;-;;:&
the documents mentioned in section 4, the Registrar shall
enter the prescribed particulars in the register and shall issue

LAWS OF ANTIGUA AND BARBUDA

Privileges of
proprietor.

Duration of
privileges.

Right of action
for passing off.

Powers of Court.

Assignment of
privileges.

CAP. 3778) Registration of United Kingdom
Trade Marks

a certificate of registration to the applicant who shall then
be the registered proprietor in Antigua and Barbuda of the
trade mark in respect of the goods entered in the register.

6. Subject to the provisions of this Act, a registered
proprietor shall have in Antigua and Barbuda such privileges
and rights in the use of the trade mark in respect of the goods
entered in the register as mutatis mutandis would be conferred
on him by the law for the time being in force in the United
Kingdom.

7. The privileges and rights conferred by section 6
shall date from the date of registration in the United Kingdom
and shall continue in force, subject to the provisions of sec-
tion 14, for so long as the registration in the United Kingdom
remains in force in respect of the goods for which the trade
mark is registered in Antigua and Barbuda:

Provided that no action for infringement of the trade
mark shall be entertained in respect of any use of the trade
mark prior to the date of issue of the certificate of registra-
tion in Antigua and Barbuda.

8. Nothing in this Act shall be deemed to affect rights
of action against any person for passing off goods as those
of another person or any remedy in respect thereof.

9. The Court shall have power, upon the application
of any person who alleges that his interests have been pre-
judicially affected by the issue of a certificate of registration,
to declare on any of the grounds mutatis mutandis on which
the United Kingdom registration might be cancelled under
the law for the time being in force in the United Kingdom
that the exclusive privileges and rights have not been
acquired.

10. Subject to the provisions of this Act, where a
person becomes entitled by assignment or other mode of
transfer to the privileges and rights conferred by a certificate
of registration issued under this Act, the Registrar shall, on
application being made in the prescribed manner, and on
proof of title to his satisfaction, cause such person to be
entered on the register as subsequent registered proprietor
of the trade mark.

LAWS OF ANTIGUA AND BARBUDA

Registration of United Kingdom (CAP. 377A 5
Trade Marks

11. (I) Any person entered in the United Kingdom ~ P , P ~ ~ ~ ~ $ ~ ~
Register of Trade Marks under section 28 of the Trade Marks registered user to
Act, 1938, as a registered user in respect of any goods of be registered in

Antigua and
a trade mark in respect of which a certificate of registration ~ ~ ~ b ~ d ~ .
under this Act is in force, may apply to be registered in 1 & 2 Gee. 6

c. 22.
Antigua and Barbuda as a registered user of the mark in
respect of some or all of such goods, subject to any conditions
or restrictions entered in the United Kingdom Register.

(2) Upon such application being lodged together with
a certificate of the United Kingdom Registrar of Trade Marks
giving full particulars of the entry in the United Kingdom
Register under the said section 28, the Registrar shall cause
the applicant to be entered in the register of Antigua and
Barbuda as a registered user of the trade mark, and on such
entry the registered user shall be entitled in Antigua and
Barbuda, subject to the aforesaid conditions and restrictions,
to such privileges and rights in respect of the goods for which
he is entered as mutatis mutandis would be conferred on him
by the law for the time being in force in the United Kingdom.

12. The Cabinet may make such rules and do such Rules.
things as they may think expedient, subject to the provi-
sions of this Act, for regulating procedure under this Act,
and prescribing the fees to be paid in respect of proceedings
under this Act, and generally for prescribing anything which
by this Act is to be prescribed.

13. (1) There shall be kept in the Registrar's Office &$~kr2
a register in which shall be entered in the prescribed form register.
all matters which are by this Act required to be registered.

(2) Such register shall be open to inspection at all hours
during which the Registrar's Office is open.

14. (1) If the registration in the United Kingdom of Renewal of registration.
a trade mark registered under this Act is renewed, the -
registered proprietor may, within three months after the date
of renewal in the United Kingdom or such further period
as may be prescribed, notify the Registrar who shall then,
on sufficient evidence thereof and on payment of the pre-
scribed fee, renew the registration in the register in the
prescribed manner.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 3 77A) Registration of United Kingdom
Trade Marks

(2) If the registration in the register is not so renewed
it shall be cancelled by the Registrar.

Powers of 15. The Registrar may, on request in writing made
Registrar.

by ;he registered proprietor, and on payment of the prescribed
fee-

(a ) cancel the registration of a trade mark or of
a registered user thereunder either wholly or as regards
any particular goods in respect of which the trade mark
or the registered user is registered;

(6) correct any clerical error in or in connection
with any application under this Act or in any matter
which is entered in the register;

(c) enter in the register any change in the name
description or address of the person who is registered
as proprietor or user of a trade mark.