On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 21/12/1998.
Infringement proceedings
31.
—(1) An infringement of a registered trade mark is actionable by the proprietor of the trade mark.
(2) Subject to the provisions of this Act, the relief the Court may grant in an action for an infringement includes —
(a)
an injunction (subject to such terms, if any, as the Court thinks fit); and
(b)
either damages or an account of profits.
32.
—(1) Where a person is found to have infringed a registered trade mark, the Court may make an order requiring him —
(a)
to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control; or
(b)
if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.
(2) If an order under subsection (1) is not complied with, or it appears to the Court likely that such an order would not be complied with, the Court may order that the infringing goods, material or articles be delivered to such person as the Court may direct for erasure, removal or obliteration of the sign, or for destruction, as the case may be.
33.
—(1) The Court may, in addition to any relief granted under sections 31 and 32 in any action for an infringement of a registered trade mark, order any infringing goods, material or articles in the possession of the defendant or before the Court to be delivered up to the plaintiff.
(2) No order shall be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 34.
(3) A person to whom any infringing goods, material or articles are delivered up in pursuance of an order under this section shall, if an order under section 34 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.
34.
—(1) Where infringing goods, material or articles have been delivered up in pursuance of an order under section 33, an application may be made to the Court —
(a)
for an order that they be destroyed or forfeited to such person as the Court may think fit; or
(b)
for a decision that no such order should be made.
(2) In considering what order, if any, should be made, the Court shall have regard to —
(a)
whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the plaintiff and protect his interest; and
(b)
the need to ensure that no infringing goods, material or articles are disposed of in a manner that would adversely affect the plaintiff.
(3) The Court shall issue directions as to the service of notice on persons having an interest in the goods, material or articles.
(4) Any person having an interest in the goods, material or articles is entitled —
(a)
to appear in proceedings for an order under this section, whether or not that person is served with notice; and
(b)
to appeal against any order made, whether or not that person appears in the proceedings.
(5) An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
(6) Where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just.
(7) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.
35.
—(1) Where a person threatens another with proceedings for infringement of a registered trade mark other than —
(a)
the application of the mark to goods or to material used or intended to be used for labelling or packaging goods;
(b)
the importation of goods to which, or to the packaging of which, the mark has been applied; or
(c)
the supply of services under the mark,
any aggrieved person may bring proceedings for relief under this section.
(2) The relief which may be applied for is any of the following:
(a)
a declaration that the threats are unjustifiable;
(b)
an injunction against the continuance of the threats;
(c)
damages in respect of any loss he has sustained by the threats,
and the plaintiff is entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark concerned.
(3) If the defendant showed that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark concerned, the plaintiff is nevertheless entitled to relief if he shows that the registration of the trade mark is invalid or liable to be revoked in a relevant respect.
(4) The mere notification that a trade mark is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this section.