Section 25
Honest concurrent use, etc.
ActIn forceProvision 25 of 214
Section 25
(a)
that there has been an honest concurrent use of the trademark and the earlier trademark or other earlier right; or
(b)
that by reason of other special circumstances it is proper
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for the trademark to be registered.
(2)
The registration of trademark under subsection (1) shall be subject to such limitations and conditions as the Registrar or the
Court thinks fit to impose.
(3)
Nothing in this section—
(a)
shall prevent the Registrar from refusing to register a trademark on any of the grounds under section 23; or
(b)
shall affect the making of an application for a declaration of invalidity under subsection 47(3).