Right to Apply

TRADE MARK

Any person claiming to be the owner of a trademark may file an application to register the trademark.

Where 2 or more persons own the trademark, they may jointly apply to register that trademark.

The applicant, or in the case of a body corporate its authorized representative, must affirm a Statutory Declaration stating that the applicant is the bona fide proprietor of the trademark.

INDUSTRIAL DESIGN

Only the original owner of a design may file an application to register the design.

The original owner of a design can be the creator of the design (“the author”), the person who contracted the author or the author’s employer, depending on the circumstances; OR
any person vested with rights to the design whether by assignment, transmission or operation of law.
Where 2 or more persons own interests in a design, they may jointly apply to register that design (subject to any agreement to the contrary)