Section 29 of Trademarks Ordinance, Interference Procedure

Section 29 of the Trademarks Ordinance is designed to deal with cases of conflicting trademark applications. When two separate applications are made by different applicants for marks that are identical or similar such as to cause confusion, for the same goods or goods of the same kind, the Trademarks Registrar may issue an Interference Procedure according to Section 29.

There are two ways to resolve cases of conflicting applications; the first is by an agreement between the two applicants. Once the Trademarks Registrar issues an Interference Procedure the conflicting applicants have three months to reach an agreement. Such an agreement must receive approval by the Trademarks Registrar. Alternatively, if no agreement is reached, the Trademarks Registrar will decide which application prevails or whether the two applications can co-exist.

When deciding which application to accept, the Trademarks Registrar will take into account considerations of good faith in filing the applications, the extent of use of the respective marks and, the date of filing the respective applications (in order of importance).

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