Section 64 Trade Marks Act 1967

Section 64 of the Trade Marks Act 1967 is about Joint proprietorship of trade mark. It is under ‘Miscellaneous and supplemental’ of the Act. It provides as follows:

(1) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except-
(a) on behalf of both or all of them; or
(b) in relation to an article with which both or all of them are connected in the
course of trade,

those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.

(2) Subject to the foregoing subsection, nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof.

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