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Rights of registered proprietor.
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113.—(1) Subject to the provisions of this Act relating to the registration of identical or nearly identical trade marks and to any limitations and conditions entered upon the register, the registration of a person in Part A of the register as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered.
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(2) Where two or more persons are registered in either Part of the register as proprietors of the same (or substantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall (except so far as their respective rights shall have been defined by the court) be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.
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