Trade Marks Act, 1999

Section 35 – Trade Marks Act, 1999

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 […]

Section 34 – Trade Marks Act, 1999

Saving for vested rights Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor

Section 33 – Trade Marks Act, 1999

Effect of acquiescence (1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark— (a)   to apply for a declaration

Section 32 – Trade Marks Act, 1999

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

Section 31 – Trade Marks Act, 1999

Registration to be prima facie evidence of validity (1) Inall legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof; (2) In all legal

Section 30 – Trade Marks Act, 1999

Limits on effect of registered trade mark (1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use— (a)   is in accordance with honest practices in industrial or commercial

Section 29 – Trade Marks Act, 1999

Infringement of registered trade marks (1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services

Section 28 – Trade Marks Act, 1999

Rights conferred by registration (1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark

Section 27 – Trade Marks Act, 1999

No action for infringement of unregistered trade mark (1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as

Section 26 – Trade Marks Act, 1999

Effect of removal from register for failure to pay fee for renewal  Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the