The Trade Marks Act

No action for infringement of unregistered trade mark

Rights conferred by registration

Infringement of registered trade marks

Limits on effect of registered trade mark

Registration to be prima facie evidence of validity

Protection of registration on ground of distinctiveness in certain cases

Effect of acquiescence

Saving for vested rights

Saving for use of name, address or description of goods or services

Saving for words used as name or description of an article or substance or service


EFFECT OF REGISTRATION


(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 the goods of another person or as services provided by another person, or the
remedies in respect thereof.

LAWGIST

# 27 No action for infringement of unregistered trade mark