50. Infringement
Feedback & supportLast amended by an amending law of 1991.
In any action or proceeding relating to a trade mark or trade name, the court shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get-up legitimately used by other persons.
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;