Trade Marks Act, 1996

Period after which remedy of delivery up not available.

22.—(1) Subject to the provisions of this section, an application for an order under section 20 may not be made after the end of the period of six years from—

(a) in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;

(b) in the case of infringing material, the date on which the trade mark was applied to the material; or

(c) in the case of infringing articles, the date on which they were made.

(2) If during the whole or part of the period referred to in subsection (1) the proprietor of the registered trade mark—

(a) is under a disability, or

(b) is prevented by fraud or concealment from discovering the facts entitling the proprietor to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which the proprietor ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

(3) For the purposes of subsection (2) a person is under a disability if he is so for the purposes of the Statute of Limitations, 1957 .