s.25Relative grounds for refusal of registration
25
Section 25Part 3 — PART 3 - REGISTRATION

Relative grounds for refusal of registration

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A trade mark shall not be registered where it is identical with an earlier trade mark and the goods or services for which the trade mark is applied for are identical with the goods or services for which the earlier trade mark is protected.
A trade mark shall not be registered where —
it is identical with an earlier trade mark and the goods or services for which it is to be registered are similar to those for which the earlier trade mark is protected; or
it is similar to an earlier trade mark and the goods or services for which it is to be registered are identical with or similar to those for which the earlier trade mark is protected,
and there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
A trade mark which is identical to or similar to an earlier trade mark shall not be registered where the earlier trade mark has a reputation in the Islands and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.
A trade mark shall not be registered if, or to the extent that, its use in the Islands is liable to be prevented by virtue of the law of passing off or any law that protects an unregistered trade mark or other sign used in the course of trade.
A person who is entitled to prevent the use of a trade mark is referred to in this Law as the proprietor of an "earlier right" in relation to the trade mark.
Nothing in this section prevents the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration.

Defined Terms

earlier trade markearlier rightlikelihood of confusion

Referenced By