Industrial and Commercial Property (Protection) Act, 1927

Unregistered trade mark.

117.—(1) No person shall be entitled to institute any proceeding to prevent or to recover damages for the infringement of an unregistered trade mark unless such trade mark was in use before the thirteenth day of August one thousand eight hundred and seventy-five, and either has been refused registration under this Act, or has been, before the commencement of this Part of this Act, refused registration in the Patent Office in London.

(2) The controller may, on request, grant a certificate that registration under this Act has been refused.