Major Differences between the 2nd Draft Trade Marks Bill and the Trade Marks Bill ("The Bill")
|2nd Draft||The Bill||Changes
|1. Clause 2|
- Definitions of assignee and association have been removed. No need to define these terms.
- Definition of WTO member and Paris Convention country altered to allow designation by Regulation.
- Definition of "official journal" inserted.
|2. Clause 9|
(Registered trade mark a property right)
- Clause 9(3) is inserted to clarify that public bodies and individuals are bound by the Bill.
|3. Clause 10(1)(c)|
(Absolute grounds for refusal of registration)
- "or business" added after "trade"
|4. Clause 18(5)(6)
(Exhaustion of Rights)
- Exhaustion of rights given its own clause in the Bill.
|5. Clause 19|
(Infringement of registered trade mark)
- The clause dealing with comparative advertising has been repositioned.
|6. Clause 24|
(Proceedings for relief from groundless threats of infringement proceedings)
- Clause 24(6) has been added to ensure that an action against groundless threats cannot be pursued if the registered owner or licensee of a trade mark brings an action for infringement within the stipulated period.
|7. Clause 83(2) |
(Appeals from decisions or orders of Registrar)
- An appeal is now to be heard in public.
|8. Clause 86|
(Costs of proceedings before Registrar)
| Clause 86(3)
- Power is given for the making of rules to empower Registrar to seek security for costs.
Trade and Industry Bureau