Paragraph 2

Section 12 (prohibition of registration of identical and nearly resembling trade marks) shall be amended 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—

(a)

the same goods,

(b)

the same description of goods, or

(c)

services or a description of services which are associated with those goods or goods 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 goods,

(b)

the same description of goods, or

(c)

goods and services or descriptions of goods and services 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 goods,

(b)

the same description of goods, or

(c)

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