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Section 48

of Trademarks Act 2019

ActIn forceProvision 48 of 214

Section 48

(a)

to use the trademark; and

(b)

to authorize other persons to use the trademark, in relation to the goods or services for which the trademark is registered.

(2)

The registered proprietor has the right to obtain relief for infringement of his trademark.

(3)

The acts amounting to infringement of a trademark are set out in section 54 and references to the infringement of a registered trademark shall be construed accordingly.

(4)

The rights shall accrue to the proprietor as from the date of registration of trademark except that—

(a)

no infringement proceedings may be begun before the date on which the trademark is in fact registered; and

(b)

no offence under sections 99 to 102 is committed by anything done before the date on which the trademark is in fact registered.

54

(5)

If the trademark is registered subject to any disclaimers, conditions, amendments, modifications or limitations, the rights of the proprietor are restricted by the disclaimers, conditions, amendments, modifications or limitations.