Trade Marks Ordinance, 2001 — section 24

24. Co-ownership of trade mark..—_Where the relations between two or more persons interested in a trade mark are such that none of them is entitled to use the trade mark except

(a)on behalf of both or all of them; or

(b)in relation to goods or services or both with which all of them are connected in the course of trade, the persons may jointly apply for its registration under section 22.

(2)Where a trade mark is registered in the name of two or more persons jointly, each of them shall be entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.

(3)The following provisions shall apply where two or more persons are co-proprietors of a registered trade mark, by virtue of sub-section (2) or otherwise.

(4)Subject to any agreement to the contrary, each co-proprietor shall be entitled, by himself or his agents, to do for his own benefit it and without the consent of or the need to account to the others, any act which would otherwise amount to an infringement of the registered trade mark.

(5)One co-proprietor may not, without the consent of the other or others,

(i)grant a licence to the use of the registered trade mark; or

(ii)assign or charge his share in the registered trade mark.

(6)Infringement proceedings may be brought by any co-proprietor but he may not, without the leave of the High Court or 1[IP Tribunal], proceed with the action unless the other, or each one of the others, is either joined as a plaintiff or added as a defendant.

(7)A co-proprietor who is thus arraigned as a defendant shall not be made liable for any costs in the action unless the takes part in the proceedings.

(8)Nothing in sub-sections (6) and (7) shall affect the granting of interlocutory relief on the application of a single co-proprietor.

(9)Nothing in this section shall affect the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such. 1 Subs. by Act No. LVIII of 2023, s.10.