LAWS OF FIJI
Ed. 1978]
CHAPTER 240
TRADE-MARKS
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
SECTION
1. Short title. 2. Interpretation.
PART II-GENERAL
Register of Trade-Marks
3. Register of Trade-Marks 4. No trust to be entered. 5. Incorporation of existing register. 6. Inspection of register and granting of certified copies.
Registrable Trade-Marks
7. Connexion of trade-marks with goods. 8. Trade-marks. What marks are registrable as such. 9. Coloured trade-marks. 10. Further restriction on registration.
Registration of Trade-Marks
11. Application for registration. 12. Advertisement of application. 13. Opposition to registration. 14. Disclaimer. 15. Date of registration. 16. Certificate of registration. 17. Limit of time for proceeding with application.
Identical Trade-Mark
18. Identical marks. 19. Rival claims to identical marks. 20. Concurrent user.
Assignment
21. Assignment and transmission of trade-marks. 22. Apportionment of marks on dissolution of partnership.
Associated Trade-Marks
23. Associated trade-marks. 24. Combined trade-marks. 25. Series of trade-marks. 26. Assignment and user of associated trade-marks.
Renewal of Registration
27. Duration and renewal of registration. 28. Renewal of registration. 29. Procedure on expiry of period of registration. 30. Status of unrenewed trade-mark.
Correction and Rectification of the Register
31. Registrar may correct formal errors in applications. 32. Entry in register of assignments. 33. Application to alter registered trade-marks. 34. Rectification of register by the court. 35. Trade-marks registered under previous enactments. 36. Non-user of trade-mark.
Effect of Registration
37. Powers of registered proprietor. 38. Rights of proprietor of trade-mark. 39. Registration to be prima facie evidence of validity. 40. Registration to be conclusive after seven years. 41. No protection for unregistered trade-marks. 42. Action for infringement. 43. No interference with bona fide user of name or description of goods. 44. Action for passing off goods.
Legal Proceedings
45. Certificates of validity. 46. Procedure before court.
Costs
47. Costs
Evidence
48. Evidence. 49. Certificate of registration to be prima facie evidence.
Powers and Duties of Registrar of Trade-Marks
50. Exercise of discretionary power by Registrar. 51. Agents. 52. Power to make rules.
Fees
53. Fees.
Offences
54. Offences
PART III-BRITISH TRADE-MARKS
55. Registration of British trade-marks. 56. Form of application. 57. Certificate to issue. 58. Effect of certificate. 59. Date of registration. 60. Passing off. 61. Power of court. 62. Assignment. 63. Assignee to be entered as proprietor. 64. Renewals. 65. Powers of Registrar. 66. Saving.
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TRADE-MARKS
Ordinances Nos. 18 of 1933, 2 of 1945, 9 of 1966, 37 of 1966, Act No. 13. of 1972.
AN ACT
TO CONSOLIDATE AND AMEND THE LAW RELATING TO TRADE-MARKS
[25th July, 1933.]
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Trade-Marks Act.