Paragraph 8

Section 12 (prohibition of registration of identical and nearly resembling trade marks) shall be modified as follows.

In subsection (1), for the words from “a trade mark belonging” to the end there shall be substituted the words “or nearly resembles a mark belonging to a different proprietor and already on the register in respect of the same services, the same description of services, or goods or a description of goods which are associated with those services or services of that description.”

In subsection (2), for the words from “of trade marks” to “proprietor” there shall be substituted the words

“by more than one proprietor, in respect of—

(a)

the same services,

(b)

the same description of services, or

(c)

services and goods or descriptions of services and goods which are associated with each other,

of marks that are identical or nearly resemble each other. ”.

In subsection (3), for the words from “trade marks” to “description of goods” there shall be substituted the words

“marks that are identical or nearly resemble each other, in respect of—

(a)

the same services,

(b)

the same description of services, or

(c)

services and goods or descriptions of services and goods which are associated with each other.”.