Section 39: Rights conferred by registration

39. Rights conferred by registration.___(1) A registered trade mark shall be a personal property. (2) The proprietor of a registered trade mark shall have exclusive rights in the trade mark which are infringed by use of the trade mark in Pakistan without his consent. (3) Without prejudice to the rights of the proprietor of a registered trade mark to obtain any relief under any other law for the time being in force, the proprietor shall also have the right to obtain relief under this Ordinance if the trade mark is infringed. (4) References in this Ordinance to the infringement of a registered trade mark shall be to any such infringement of the rights of the proprietor. (5) The rights of the proprietor shall have effect from the date of registration: Provided that no infringement proceedings shall begin before the date on which the trade mark is in fact registered. (6) The rights conferred by registration of trade marks under this Ordinance shall extend to trade marks registered under the Trade Marks Act, 1940 (V of 1940).

Effective date: 2001-01-01

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