TRADE MARKS ACT 1995 - SECT 163 Application of Act

TRADE MARKS ACT 1995 - SECT 163

  (1)   Subject to this Part, the provisions of this Act relating to trade marks (other than Part   10--Assignment and Transmission of Trade Marks) apply to collective trade marks and so apply as if:

  (a)   a reference to a trade mark included a reference to a collective trade mark; and

  (b)   a reference to a person doing something for the registration of a trade mark included a reference to an association doing that thing for the registration of the collective trade mark; and

  (c)   a reference to a trade mark registered by a person included a reference to a collective trade mark registered by an association.

  (2)   For the purposes of this Act:

  (a)   the use of a collective trade mark by a member of the association that is the applicant for the registration of the collective trade mark is taken to be a use of the collective trade mark by the applicant; and

  (b)   the use of a registered collective trade mark by a member of the association that is the registered owner of the collective trade mark is taken to be a use of the collective trade mark by the registered owner.

  (3)   Section   41 (trade mark not distinguishing applicant's goods or services) applies in relation to a collective trade mark as if a reference to the applicant were a reference to the members of the association that applied for registration of the collective trade mark.