TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 171
Application of Act
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 171
Application of Act
171.(1) Subject to this Part, the provisions of this Act relating to trade
marks (other than Part 10-Assignment and Transmission of Trade Marks and Part
11-Registered Users) 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 40 (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.