Section 74: Use of trade mark by a person other than the proprietor thereof

74. Use of trade mark by a person other than the proprietor thereof.___(1) The permitted use of a trade mark shall be deemed to be use of the trade mark by the owner of the trade mark and shall be deemed not to be used of the trade mark by a person other than the owner for any purpose for which such use is material under this Ordinance or any other law for the time being in force. (2) The tribunal while determining as to whom the benefit of use of a trade mark be passed, shall pass the benefit to none else, except to___ (a) the proprietor of the trade mark, if the trade mark is registered; or (b) the owner of the trade mark, if the trade mark is entitled to protection under the Paris Convention as a well known trade mark.

Effective date: 2001-01-01

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