IP/NI1
Page 24
(6) Except as: otherwise expressly provided in this section, this
Act applies in respect of the registration of trade marks as defensive
trade marks and of trademarks so registered as they aPl?ly in other
cases"
to
28e (1) Subject
the provisions of this section, a person other Registered
than the proprietor of a trade mark may be regist~req as a re&iste~ed users,
user thereofin respect of .all or any: of the goods 111 respect or ~hlCh
it is. registered (otherwise than as a def~nsiv~ trade mark) aad either
with or without conditions at restrictions,
(2) The 'use of a trade mark by' a registered user thereof in
relation to goods with "which he is connected in. the course of trade
and in respect of which for the time' being the trade mark remains
registered and he is registered as a registered user, being usesuch as
to comply with any conditions or restrictions to which his registrationIs subject, is in this Act referred to as "the "permitted use"
thereof
(3) The permitted use of a trade mark shall be deemed to be
use by the proprietor thereof, and shall be deemed not to' be use
by a person other than the proprietor for the purposes of section 26
of this Act and for any other purposes for which such use is material
under this Act or at common law,
(4) Subject to any agreement subsisting between the parties,
a registered user of a trade mark shan be entitled to can upon the
proprietor thereof to take proceedings to prevent infringement
thereof, and, if the proprietor refuses or neglects to do so 'within
two months after being so called upon, the registered user may
institute proceedings for infringement in his own name as if he were
the proprietor, making the proprietor a defendant.
(5) A proprietor added as defendant under subsection (4) of
this section, shall not bee liablefor any costsunless he enters an
appearance and takes part in the proceedings..
(6) Where it is proposed that a person should be registered as
a registered user of a trade' mark, the proprietor and the proposed
registered user must apply in writing to the Registrar in the prescribed
manner and must furnish him With such documents, information or
evidence as may be prescribed, or as may be required by the "Registrar.
(7) When the requirements, of subsection (6)' of this section
have .been complied with, .if the Registrar, after considering the
information furnished to him under that subsection, is .satisfied
that in all the circumstances the use of the trade mark in relation
to the ·propos~d .goods or any. of them 'by the. proposed registered
usersubject to any conditions or .restrictions which the Registrar
thinks proper would not: b~ contrary. to the. public" interest, ". the
Registrar" may register the proposed registered user as a registered
user in respect of the goods as to which he is so satisfied subject
to those, conditions .or restrictions..