Section 10
In the case of a trade mark registered before the commencement of this
of Geneva Convention Order, 2005
Order, section 9 does not apply by reason only of its consisting of or containing a sign specified in paragraph (b) or (c) of subsection (1) of section 9 or a design resembling any such sign, and where a person is charged with using such a sign or design for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark so registered, it is a defence for him to prove -
(a)
that he had lawfully used that sign or design for that purpose before the commencement of this Order; or
(b)
in a case where he is charged with using the sign or design upon goods or any other article, that the sign or design had been applied to the goods or that article before he acquired them or it by some other person who had manufactured or dealt with them in the course of trade and who had lawfully used that sign or design upon similar goods or articles before the commencement of this Order.
Consent to prosecute under this Part.