Why T&T Merchandise Order Registry Can’T Magic Registrations Into Existence

The Privy Council ruled yesterday on an appeal from Trinidad & Tobago inward Cigarrera Bigott SUCS 5 Phillip Morris Products Incorporation as well as unopen to other [2004] UKPC 28. This representative arose after Phillip Morris Inc applied to register the discussion BELMONT equally a merchandise score for tobacco products. After the application was refused as well as next an internal reorganisation, Phillip Morris Inc assigned diverse assets to PMP asked the registrar to substitute it equally applicant inward honor of that application. The registry staff, accepting that asking equally an ordinary asking for registration yesteryear an assignee of the mark, didn’t topographic point that in that place was no registered score to assign as well as issued a certificate of assignment stating that PMP had been entered on the register equally proprietor of the score yesteryear virtue of the assignment. Under the constabulary of Trinidad as well as Tobago, that certificate served equally prima facie evidence of the entry inward the register which it recorded. However, PMP continued to believe that the score had non been registered as well as that the application remained pending. Bigott after applied successfully to register BELMONT. PMP filed an opposition to the application inside the extended menstruation allowed to it yesteryear the registrar as well as Bigott sought a conclusion that PMP was irretrievably out of fourth dimension inward seeking to oppose the application. The deputy registrar constitute inward Bigott’s favour whereupon PMP appealed, disceptation that it was the registered proprietor of the mark. This appeal was upheld as well as that judgment was affirmed yesteryear the Court of Appeal of Trinidad as well as Tobago.

Bigott’s appeal to the Privy Council succeeded. That courtroom ruled that, on its truthful construction, the register did non prove registration of the score inward PMP’s name. The register contained no entry of the actual registration, precisely alone an entry of an assignment as well as it was clear that the entry was concerned alone amongst an assignment of the application, non amongst an assignment of a registered mark. It was likewise apparent that the master copy application had been neither accepted nor advertised. That beingness so, the registrar had no jurisdiction to register PMP equally proprietor. Accordingly, Bigott should last registered equally BELMONT’s proprietor instead.

notes that, fifty-fifty inward the post-colonial era, the Privy Council tin come upwardly up amongst unopen to pretty effective as well as sensible reasoning when righting wrongs perpetrated inward far-flung colonies yesteryear merchandise score registries who tin magic a merchandise score registration into existence via the certification of the assignment of an application.

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