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decided by the Court according to the circumstances of the case. Provisions on Service Marks 25. Provisions of this Act shall apply to Service Marks with respect to services designated in the registration. Prima Facie Evidence of Validity 26. In all legal proceedings relating to a registered trade mark the fact that a person is registered as owner of such trade mark shall be prima facie evidence of the validity of the original registration of such trade mark and all subsequent assignments and transactions of the same. Offences and Infringements 27. (1) Any person who represents a trade mark as registered in the Republic of Sudan which is not so, shall be liable for every offence to a fine not exceeding Ls. 200. (2) No person shall be entitled to recover damages for the infringement of a trade mark not registered in the Republic of Sudan. (3) In an action for infringement of trade mark the Court trying the question of infringement shall admit evidence of the usage of the trade in respect of the get-up of the goods for which the trade mark is registered and of any trade marks or get-up legitimately used in connection with such goods or by other persons. (4) No registration under this Act shall interfere with any genuine use by a person of his own name or place of business or that of any of his predecessors in business or the character or the quality of his goods. (5) Nothing in this Act shall be deemed to affect the right to bring an action against any person for unfair competition in respect of his trade or the remedies in respect thereof. (6) Any person who, with intent to deceive, commits or attempts to commit, aide or abets any other person in committing any of the following acts, shall be guilty of an offence against this act and shall be liable upon conviction to imprisonment for a period not exceeding one year or with a fine not exceeding Ls.500 or with both. (a) Uses a trade mark duly registered by another person under this Act, or an imitation of such trade mark, for goods in respect of which the mark is registered. (b) Sells, stores for the purpose of sale or exposes for sale goods bearing

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