58. Order for erasure, etc., of offending sign
Feedback & supportSubject to subsection (3), where a person is found to have infringed a registered trademark, the Court may make an order requiring him—
registered trademark
“registered trademark” has the meaning assigned to it under section 16;
to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control; or
if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.
If an order under subsection (1) is not complied with or it appears to the Court that it is likely that such an order would not be complied with, the Court may order that the infringing goods, material or articles be delivered up to such person as the Court may direct for the erasure, removal or obliteration of the sign, or otherwise for the destruction of the goods, material or articles.
Where a person who is found to have infringed a registered trademark has in his possession, custody or control any counterfeit goods, the Court shall order that the counterfeit goods be delivered up to such person as the Court may direct for destruction if—
the plaintiff applies to the Court for such an order; and
the Court is of the view that there are no exceptional circumstances which would justify the refusal of such an order.
Trademarks 63