Section 36 Trade Marks Act 1967

Section 36 of the Trade Marks Act 1967 is about Use of one trade mark equivalent to use of another in certain cases. It is under ‘Use and non-use’ of the Act. It provides as follows:

(1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as the tribunal thinks right, accept use of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.

(2) The use of the whole of a registered trade mark shall, for the purposes of this Act, be deemed to be also a use of any registered trade mark, being a part thereof, registered in the name of the same proprietor by virtue of section 24 of this Act.

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