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Registration of United Kingdom Trade Marks Act

Repealed by Industrial Property Act 1994

LAWS OF TONGA

[1988 Ed.]

CHAPTER 120

REGISTRATION OF UNITED KINGDOM TRADE MARKS ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Definitions.
3. Registration of United Kingdom trade marks.
4. Method of application.
5. Registration certificate.
6. Results of registration.
7. Duration of trade mark.
8. Passing off.
9. Disputed trade marks.
10. Assignment of trade marks.
11. Registered users.
12. Method of application.
13. Rules and fees.
14. (1) Register (2), (3) Inspection.
15. Renewals.
16. Cancellations and alterations.

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Act No. 11 of 1939

AN ACT TO PROVIDE FOR THE REGISTRATION OF TRADE MARKS REGISTERED IN THE KINGDOM

[28th September, 1939]

Short title.

1. This Act may be cited as The Registration of United Kingdom Trade Marks Act.

Definitions.

2. In this Act unless the context otherwise requires-

"Court" means the Supreme Court of Tonga;

"Kingdom" means the Kingdom of Tonga;

"register" means the register referred to in section 5 hereof and thereafter, and shall be the book kept by the Registrar;

"Registrar" means the Registrar referred to in section 4 hereof and thereafter and shall be such official of the Kingdom as R the Prime Minister may from time to time nominate in the Gazette;

"United Kingdom" means the Kingdom of Great Britain and Northern Ireland.

Registration of United Kingdom trade marks.

3. Any person being the registered proprietor of a trade mark in the United Kingdom by virtue of an entry in the register of trade marks kept under the United Kingdom Trade Marks 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 the Kingdom in respect of some or all of the goods comprised in the United Kingdom registration.

Method of application.

4. An application for registration of a trade mark under this Act shall be made to the Registrar and accompanied 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.

Registration certificate.

5. Upon such application being lodged, together with the documents mentioned in section 4 of this Act, the Registrar shall enter the prescribed particulars in the register, and shall issue a certificate of registration to the applicant, who shall then be the registered proprietor in the Kingdom of the trade mark in respect of the goods entered in the register.

Results of registration.

6. Subject to the provisions of this Act, a registered proprietor shall have in the Kingdom 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.

Duration of trade mark.

7. The privileges and rights conferred by section 6 of this Act shall date from the date of registration in the United Kingdom and shall continue in force, subject to the provisions of section 15 of this Act, 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 the Kingdom:

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 registration in the Kingdom.

Passing off.

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

Disputed trademarks.

9. The Court shall have power, upon the application of any person who alleges that his interests have been prejudicially 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.

Assignment of trade marks.

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 on a registered proprietor by 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 in the register as subsequent registered proprietor of the trade mark.

Registered users.

11. Any person entered in the United Kingdom Register of Trade Marks under section 28 of the United Kingdom Trade Marks Act 1938, as a registered user in respect of any goods of a trade mark in respect of which a certificate of registration under this Act is in force may apply to be registered in the Kingdom 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.

Method of application.

12. 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 the Kingdom as a registered user of the trade mark, and on such entry the registered user shall be entitled in the Kingdom 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.

Rules and fees.

13. The Registrar may make such rules and do such things as he may think expedient, subject to the provisions of this Act, and 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.

Register.

14. (1) There shall be kept at the Office of the Registrar for the purposes of this Act a record called the register of trade marks, wherein shall be entered all registered trade marks with the names, addresses and- descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of all registered users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as may be prescribed.

Inspection.

(2) The register shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed.

(3) The register shall be kept under the control and management of the Registrar.

Renewals.

15. If the registration in the United Kingdom of a trade mark registered under this Act is renewed, the registered proprietor may, within such time after the date of renewal in the United Kingdom as may be prescribed, notify the Registrar, who shall then on sufficient evidence thereof and on payment of the prescribed fee, renew the registration in the register in the prescribed manner. If the registration in the register is not so renewed it shall be cancelled by the Registrar.

Cancellations and alterations.

16. The Registrar may, on request in writing made by the registered proprietor, and on payment of the prescribed fee-

(1) 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;

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

(3) 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.

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