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TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 193 Defensive trade marks

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 193

Defensive trade marks
193.(1) If, because a registered trade mark has been used so much in relation
to all or any of the goods or services in respect of which it is registered,
it is likely that its use in relation to other goods or services will be taken
to indicate that there is a connection between those other goods or services
and the registered owner of the trade mark, the trade mark may, on the
application of the registered owner, be registered as a defensive trade mark
in respect of any or all of those other goods or services.

(2) A trade mark may be registered as a defensive trade mark in respect of
particular goods or services even if the registered owner does not intend to
use the trade mark in relation to those goods or services.

(3) A trade mark may be registered as a defensive trade mark in respect of
particular goods or services even if it is already registered in the name of
the applicant in respect of those goods or services otherwise than as a
defensive trade mark.

(4) A trade mark that is registered as a defensive trade mark in respect of
particular goods or services may be subsequently registered otherwise than as
a defensive trade mark in the name of the registered owner in respect of the
same goods or services.