Trade Marks Act · 2022 Revised Edition · Part 1
24. Co-ownership of registered trade mark
Official textFrom Attorney General's Chambers, unchanged
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.
The following provisions apply where two or more persons are co-proprietors of a registered trade mark, whether by virtue of subsection (1)
or otherwise.
Subject to any agreement to the contrary, each co-proprietor is entitled, by himself or his agents, to do for his own benefit and without the consent of or the need to account to the other or others, 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 or others —
grant a licence to use the registered trade mark; or
assign or charge his share in the registered trade mark.
Infringement proceedings may be brought by any co-proprietor, but he 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. A co-proprietor who is added as a defendant shall not be made
infringement proceedings
“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;
Trade Marks liable for any costs in the action unless he has taken part in the proceedings.
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.
Terms defined in s 2
infringement proceedings
Defined · s 2“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;
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Part 3
Part
Proceedings Relating to Importation of Infringing Goods
Part