Section 13 Trade Marks Act 1967

Section 13 of the Trade Marks Act 1967 is about Identical and resembling trade marks not to be registered. It is under ‘Registrability and validity of registration’ of the Act. It provides as follows:

(1) Subject to the provisions of subsection (2) of this section, no trade mark shall be
registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion.

(2) In case of honest concurrent use, or other special circumstances which, in the
opinion of the court or the Registrar, make it proper so to do, the court or the Registrar may permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the court or the Registrar, as the case may be, may think it right to impose.

(3) Where separate applications are made by different persons to be registered in respect of the same goods or description of goods as proprietors respectively of trade marks that are identical or nearly resemble each other, the Registrar may refuse to register any of them until their rights have been determined by the court or have been settled by agreement in a manner approved-
(a) by the Registrar; or
(b) by the court on an appeal from the Registrar.

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