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Trade Marks Act 1994

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This is the original version (as it was originally enacted).

23Co-ownership of registered trade mark

(1)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.

(2)The following provisions apply where two or more persons are co-proprietors of a registered trade mark, by virtue of subsection (1) or otherwise.

(3)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.

(4)One co-proprietor may not without the consent of the other or others—

(a)grant a licence to use the registered trade mark, or

(b)assign or charge his share in the registered trade mark (or, in Scotland, cause or permit security to be granted over it).

(5)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 thus added as a defendant shall not be made liable for any costs in the action unless he takes part in the proceedings.

Nothing in this subsection affects the granting of interlocutory relief on the application of a single co-proprietor.

(6)Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.

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