IPIN/] IGHA/T/1
Page 6
(3) The register shan at all convenient times be open to the
inspection of the public, subject to such regulations as may be made
under section 65 of this Act.
(4) The register shall be kept under the control and manage...
ment of the Registrar.
(5) The Registrar-General is the registrar of trade marks for
the purposes of this Act, in this Act referred to as " the Registrar ""
(6) The register may, in lieu of being kept in the form of a
book, be kept in such other form of record as may from time to
time be approved by the Minister...
(7) The register of trade marks existing immediately before
the commencement of this Act shall form part of the register..
2. No person is entitled to institute any proceeding to prevent,
or to recover damages for, the infringement of an unregistered
trade mark, but nothing in this Act shall be deemed to affect rights
of action against any person for passing off goods as the goods of
another person or the remedies in respect thereof..
No .acti?n
for tnfrInge..
~~istt~redn
trade mark,
3~ A trade mark must be registered in respect of particular goods Registration
be in
or classes of goods, and any question arising as to the class within to
respect of
which any goods fall shall be decided by the Registrar.
particular
I
4. (1) Subject to the provisions of this section, and to sections 7
and 8 of this Act, the registration (whether before or after the
· A ct ) 0 f a person In
. P art A 0 f t hee register
rezi
commencement 0 f t IlIS
as
proprietor of a trade mark (other than a certification trade mark)
in respect of any goods shall" if valid, give or be deemed to have
given to that person the exclusive right to the use of the trade mark
in relation to those goods..
(2) Without prejudice to the generality of subsection (1) of
this section the right referred to in that subsection shall be deemed
to be infringed by any person who" not being the proprietor of the
trade mark or a registered user thereof using by way of the permitted
use, uses a mark identical with it or so nearly resembling it as to be
likely to deceive or cause confusion, in the course of trade, in
relation to any goods in respect of which it is registered, and in
such manner as to render the use of the mark likely to be taken
either(a) as being used as a trade mark; or
(b) in a case in which the use is use upon the goods or in
physical relation thereto or in an advertising circular or
other advertisement issued to the public, as importing
a reference to some person having the right either as
proprietor or as registered user to use the trade mark or
to goods with which such a person is connected in the
course of trade"
goods,
Right given
~Y rt:gisptra...
tion
In art
A and
infringement
thereof..