Section 46: Action for infringement — Trade Marks Ordinance, 2001

Current legal status not independently verified — Source: Pakistan Code (single official PDF, 2026-08-21). Whether this provision is still in force has not been independently verified.

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46. Action for infringement.___(1) Save as otherwise provided in this Ordinance, an infringement of a registered trade mark shall be actionable by the proprietor of the trade mark. (2) In an action for infringement all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor of the trade mark as is available in respect of the infringement of any other property right. (3) Nothing in this Ordinance shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or services as services provided by another person, or the remedies in respect thereof.

Effective date: 2001-01-01

Related sections

Section 45: Saving for words used as name or description of an article or a substance Section 47: Order for erasure of offending mark Section 44: Registration to be conclusive as to validity after five years Section 48: Order for delivery up of infringing goods, material or articles Section 43: Registration to be prima facie evidence of validity Section 49: Meaning of “infringing goods, material or articles”

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