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Section 16

Table of Contents

16. Registration of trademarks as associated trademarks.—

(1) Where a trademark which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trademark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may, at any time, require that the trademarks shall be entered on the register as associated trademarks.

(2) Where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and services which are associated with those goods or services, or goods or services of that description, sub-section (1) shall apply as it applies as where there is an identity or near resemblance of marks that are registered or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services.

(3) Where a trademark and any part thereof are, in accordance with the provisions of sub-section (1) of section 15, registered as separate trademarks in the name of the same proprietor, they shall be deemed to be and shall be registered as, associated trademarks.

(4) All trademarks registered in accordance with the provisions of sub-section (3) of section 15 as a series in one registration shall be deemed to be and shall be registered as, associated trademarks.

(5) On application made in the prescribed manner by the registered proprietor of two or more trademarks registered as associated trademarks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trademark were used by any other person in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly.

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