Section 5
Registered trade marks
ActIn forceProvision 5 of 26
Section 5
(1)
A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by this Act.
Trade Marks 16
(2)
No proceedings lie to prevent or recover damages for the infringement of an unregistered trade mark as such; but nothing in this Act affects any law relating to passing off.
Grounds for refusal of registration