Section 47: Order for erasure of offending mark

47. Order for erasure of offending mark. ___(1) Where a person is found to have infringed a registered trade mark, the High Court or 1[an IP Tribunal] may make an order requiring him___ (a) to cause the offending trade mark to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control; or (b) to secure the destruction of the infringing goods, material or articles, if is not reasonably practicable for the offending trade mark to be erased, removed or obliterated. (2) If an order under sub-section (1) is not complied with, or it appears to the High Court or 1[IP Tribunal] likely that such an order would not be complied with, the High Court or 1[an IP Tribunal] may order that infringing goods, material or articles be delivered to such person as the High Court or 1[an IP Tribunal] may direct for erasure, removal or obliteration of the mark, or for destruction, as the case may be.

Effective date: 2001-01-01

Related sections