THE TRADE MARKS ACT, 1999
[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]
CHAPTER 4 – EFFECT OF REGISTRATION
- 27. NO ACTION FOR INFRINGEMENT OF UNREGISTERED TRADE MARK.
- 28. RIGHTS CONFERRED BY REGISTRATION.
- 29. INFRINGEMENT OF REGISTERED TRADE MARKS.
- 30. LIMITS ON EFFECT OF REGISTERED TRADE MARK.
- 31. REGISTRATION TO BE PRIMA FACIE EVIDENCE OF VALIDITY.
- 32. PROTECTION OF REGISTRATION ON GROUND OF DISTINCTIVENESS IN CERTAIN CASES.
- 33. EFFECT OF ACQUIESCENCE.
- 34. SAVING FOR VESTED RIGHTS.
- 35. SAVING FOR USE OF NAME, ADDRESS OR DESCRIPTION OF GOODS OR SERVICES.
- 36. SAVING FOR WORDS USED AS NAME OR DESCRIPTION OF AN ARTICLE OR SUBSTANCE OR SERVICE.
27. NO ACTION FOR INFRINGEMENT OF UNREGISTERED TRADE MARK.
28. RIGHTS CONFERRED BY REGISTRATION.
29. INFRINGEMENT OF REGISTERED TRADE MARKS.
30. LIMITS ON EFFECT OF REGISTERED TRADE MARK.
31. REGISTRATION TO BE PRIMA FACIE EVIDENCE OF VALIDITY.
32. PROTECTION OF REGISTRATION ON GROUND OF DISTINCTIVENESS IN CERTAIN CASES.
Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered.
33. EFFECT OF ACQUIESCENCE.
34. SAVING FOR VESTED RIGHTS.
35. SAVING FOR USE OF NAME, ADDRESS OR DESCRIPTION OF GOODS OR SERVICES.
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.