s.37Co-ownership of registered trade mark
37
Section 37Part 5 — NATURE OF REGISTERED MARK AND LICENSING

Co-ownership of registered trade mark

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Where a registered trade mark is granted to two or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.
Subsections (3) through (6) apply where two or more persons are co-proprietors of a registered trade mark by virtue of subsection (1) or otherwise.
Subject to any agreement to the contrary, each co-proprietor is entitled, individually or by an agent, to do for the co-proprietor's own benefit and without the consent of or the need to account to the other, any act which would otherwise amount to an infringement of the registered trade mark.
One co-proprietor may not without the consent of the other — (a) grant a licence to use the registered trade mark; or (b) assign or change the said co-proprietor's share in the registered trade mark.
grant a licence to use the registered trade mark; or
assign or change the said co-proprietor's share in the registered trade mark.
Infringement proceedings may be brought by any proprietor, but a co-proprietor may not, without the leave of the Court, proceed with the action unless the other, or each of the others, is either joined as a plaintiff or added as a defendant and shall not be made liable for any costs in the action unless the said co-proprietor takes part in the proceedings and nothing in this subsection affects the granting of interlocutory relief on the application of a single co-proprietor.
Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.

Defined Terms

co-proprietorsinfringement

Referenced By