Laws
Trade Marks Act
Part 1
s 35

In force2022 Revised EditionCurrent version · 2022 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Trade Marks Act

Find in this Act

1Citation and application
2Interpretation
3Registrar of Trade Marks and other officers, delegation by Registrar, and seal of Registry

Part 1

4Trade marks
5Registered trade marks
6Absolute grounds for refusal of registration
7
8Relative grounds for refusal of registration
9Meaning of “earlier trade mark”
10Raising of relative grounds in case of honest concurrent use
11Power to require that relative grounds be raised in opposition proceedings
12Rights conferred by registered trade mark
13Infringement of registered trade mark
14Limits on effect of registered trade mark
15Registration subject to disclaimer or limitation
16Action for infringement
17Order for erasure etc. of offending sign
18Order for delivery up of infringing goods etc.
19Meaning of “infringing goods, material or articles”
20Period after which remedy of delivery up not available
21Order as to disposal of infringing goods etc.
22Remedy for groundless threats of infringement proceedings
23Nature of registered trade mark
24Co-ownership of registered trade mark
25Assignment etc. of registered trade mark
26Registration of transactions affecting registered trade mark
27Trusts and equities
28Applications for registration of trade mark as object of property
29Licensing of registered trade mark
30Exclusive licences
31Rights of licensee in case of infringement
32Rights of exclusive licensee
33Application for registration
34Date of filing
35Classification of trade marks
36Claims to priority
37Temporary protection
38Examination of application
39Publication and opposition proceedings
40Withdrawal, restriction or amendment of application
41Registration
42Registration: supplementary provisions
43Duration of registration
44Renewal of registration
45Alteration of registered trade mark
46Surrender of registered trade mark
47Revocation of registration
48Grounds for invalidity of registration
49Effect of acquiescence
50Collective marks
51Application of Act to collective marks
52Certification marks
53Application of Act to certification marks

Part 2

53A
54Protection of well-known trade marks
55Organisation countries
56Emblems etc. of certain international organisations
57Notification under Article 6ter of Paris Convention
58Acts of agents or representatives
59Time limit for application under section 58(3)

Part 3

60The Register
61Rectification of register
62Power to require use of forms
63Information about applications and registered trade marks
64Costs and security for costs
65Evidence before Registrar
66Exclusion of liability in respect of official acts
67Registration prima facie evidence of validity
68Certificate of validity of contested registration
69Registrar’s appearance in proceedings involving register
70Appeals from Registrar
71Rules of court
72Fees
73Business hours and business days
74
75Recognition of agents
76Register of trade mark agents
77Unregistered persons not to be described as registered trade mark agents
78Power to prescribe conditions etc. for mixed partnerships and bodies corporate
79Use of term “trade mark attorney”
80Privilege for communications with registered trade mark agents
81Power of Registrar to refuse to deal with certain agents

Proceedings Relating to Importation of Infringing Goods

82Infringing goods may be detained
83Determination whether goods are infringing goods
84Limitations on requirement to supply information
85Notice of determination
86Detention of infringing goods
87Proceedings in respect of infringing goods
88Forfeiture of goods by consent
89Powers of court
90Inspection of goods
91Power of Controller of Customs to disclose information
92Delegation of powers and duties
93Protection of Government and officers of customs from liability
94Unauthorised use of trade mark etc. in relation to goods
95Application of Chapter 96 in enforcement
96Falsification of register etc.
97Falsely representing trade mark as registered
98Counterfeiting trade mark used by another
99Making or possession of instrument for counterfeiting trade mark
100Importing or selling etc. goods marked with counterfeit trade mark
101Falsely applying registered trade mark to services
102Unauthorised use of Royal arms etc.
103Offences committed by partnership and bodies corporate
104Forfeiture

Miscellaneous and General Provisions

105Burden of proving use of trade mark
106Regulations and rules
107Amendment of Schedule 3
108Transitional

Schedules

SCHEDULE 1 (section 51) COLLECTIVE MARKS General 1. This Act applies to collective marks, subject to the following provisions. Signs of whi...
SCHEDULE 1 — (continued) Approval of regulations etc. 6. (1) A collective mark shall not be registered unless the regulations governing the...
SCHEDULE 1 — (continued) Amendment of regulations 10. (1) An amendment of the regulations governing the use of a registered collective mark...
SCHEDULE 1 — (continued) (6) In infringement proceedings brought by the proprietor of a registered collective mark, any loss suffered or li...
SCHEDULE 2 (section 53) CERTIFICATION MARKS General 1. This Act applies to certification marks, subject to the following provisions. Signs...
SCHEDULE 2 — (continued) (2) The regulations must indicate the person authorised to use the mark, the characteristics to be certified by th...
SCHEDULE 2 — (continued) 9. The regulations shall be published and notice of opposition may be given relating to the matters mentioned in p...
SCHEDULE 2 — (continued) (b) that the manner in which the mark has been used by the proprietor has caused it to become liable to mislead th...
SCHEDULE 3 (section 108) TRANSITIONAL PROVISIONS Introductory 1. (1) In this Schedule, “existing registered mark” means a trade mark or cer...
SCHEDULE 3 — (continued) Effects of registration: infringement 4. (1) Sections 12, 13 and 14 apply in relation to an existing registered ma...
SCHEDULE 3 — (continued) (2) Existing entries under section 50 shall be transferred on the commencement of this Act to the register kept un...
SCHEDULE 3 — (continued) (4) An application for registration as a registered user which had not been finally determined by the Registrar be...
SCHEDULE 3 — (continued) Duration and renewal of registration 12. (1) Section 43(1) applies in relation to the registration of a mark in pu...
SCHEDULE 3 — (continued) Regulations as to use of certification marks 16. (1) Regulations governing the use of an existing registered certi...

Trade Marks Act · 2022 Revised Edition · Part 1

35. Classification of trade marks

No plain-English summary for s 35 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

(1)

Goods and services shall be classified for the purpose of the registration of trade marks according to a prescribed system of classification.

registration

Defined · s 2

“registration” means, unless the context otherwise requires, registration in the register;

Open s 2

(2)

Any question arising as to the class within which any goods or services fall shall be determined by the Registrar, whose decision shall be final.

Registrar

Defined · s 2

“Registrar” means the Registrar of Trade Marks appointed under section 3;

Open s 2

Priority

Terms defined in s 2

Registrar
Defined · s 2
“Registrar” means the Registrar of Trade Marks appointed under section 3;
Open s 2
registration
Defined · s 2
“registration” means, unless the context otherwise requires, registration in the register;
Open s 2
trade
Defined · s 2
“trade” includes any business or profession;
Open s 2

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Part 2

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Part 3

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Part

Proceedings Relating to Importation of Infringing Goods

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Part

Miscellaneous and General Provisions

Read on from Part

Schedules

Details

Trade Marks Act · s 35

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Where this comes from

Attorney General's Chambers · Trade Marks Act, 2022 Revised Edition. Reader record updated on 2 Oct 2026.

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