Section 24 of TMA : Section 24: Jointly Owned Trade Marks

Explanation using Example

Imagine two independent coffee shop owners, Alice and Bob, who decide to collaborate on a special blend of coffee. They agree to market this blend under a shared brand name, "A&B Brew." As per Section 24(1) of The Trade Marks Act, 1999, they cannot normally register "A&B Brew" as a joint trademark since they are independent users. However, because of their partnership, neither Alice nor Bob can use the "A&B Brew" trademark independently without the other's involvement.

Under Section 24(2), since their business arrangement requires both to use the trademark in relation to the coffee blend they are jointly connected with in trade, they are eligible to register "A&B Brew" as joint proprietors of the trademark. This provision allows them to protect their shared brand while ensuring that neither can use it without the consent of the other, reflecting the spirit of their partnership.