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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter II

THE REGISTER AND CONDITIONS FOR REGISTRATION

Associated trade marks
12. (1) Where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods, or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trade marks shall be entered on the register as associated trade marks.
 
 
 
 
(2) Where a trade mark and any part thereof are, in accordance with the provisions of sub-section (1) of section 11, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.
 
 
 
 
(3) All trade marks registered in accordance with the provisions of sub section (3) of section 11 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.
 
 
 
 
(4) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there
 
 
would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods in respect of which it is registered, and may amend the register accordingly.

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Ministry of Law, Justice and Parliamentary Affairs