Industrial and Commercial Property (Protection) Act, 1927
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Registration to be conclusive after seven years. |
116.—(1) In all legal proceedings relating to a trade mark registered in Part A of the register (including applications for the rectification of the register) the original registration of such trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such original registration was obtained by fraud, or unless the trade mark is a trade mark the registration of which is prohibited by section 84 (which relates to deceptive or misleading trade marks) or section 138 (which relates to inventions, etc., contrary to law or morality) of this Act. | |
(2) Nothing in this Act shall entitle the proprietor of a trade mark registered in either Part of the register to interfere with or restrain the user by any person of a similar trade mark upon or in connexion with goods upon or in connexion with which such person has, by himself or his predecessors in business, continuously used such trade mark from a date anterior to the user or registration whichever is the earlier of the first-mentioned trade mark by the proprietor thereof or his predecessors in business, or to object (on such user being proved) to such person being put upon the register for such similar trade mark in respect of such goods under the provisions of this Act relating to the registration of identical or nearly identical trade marks. |