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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 27

Application-how made
27. (1) A person may apply for the registration of a trade mark in respect of
goods and/or services if:

   (a)  the person claims to be the owner of the trade mark; and

   (b)  one of the following applies:

        (i)    the person is using or intends to use the trade mark in
               relation to the goods and/or services;

        (ii)   the person has authorised or intends to authorise another
               person to use the trade mark in relation to the goods and/or
               services;

        (iii)  the person intends to assign the trade mark to a body corporate
               that is about to be constituted with a view to the use by the
               body corporate of the trade mark in relation to the goods
               and/or services. Note: For use see section 7.

(2) The application must:

   (a)  be in accordance with the regulations; and

   (b)  be filed, together with any prescribed document, in accordance with
        the regulations. Note: For file see section 6.

(3) Without limiting the particulars that may be included in an application,
the application must:

   (a)  include a representation of the trade mark; and

   (b)  specify, in accordance with the regulations, the goods and/or services
        in respect of which it is sought to register the trade mark.

(4) Regulations made for the purposes of paragraph (3)(b) may apply, adopt or
incorporate any matter contained in any listing of goods and/or services
published by the Registrar from time to time and made available for inspection
by the public at the Trade Marks Office and its sub-offices.

(5) An application (other than an application under section 51 for the
registration of 2 or more trade marks as a series) may be made in respect of
goods and services of one or more of the classes provided for in regulations
made under subsection 19(3). 


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