Trade Marks Act 1998 · 2020 Revised Edition · Part 3 · Rights and Remedies of Proprietor of Registered Trade Mark
26. Rights conferred by registered trade mark
Feedback & supportThe proprietor of a registered trade mark has the exclusive rights —
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;
to use the trade mark; and
to authorise other persons to use the trade mark,in relation to the goods or services for which the trade mark is registered.
The proprietor has the right to obtain relief under this Act for infringement of the proprietor’s trade mark.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
The acts amounting to infringement of a registered trade mark are set out in section 27, and references in this Act to the infringement of a registered trade mark are to be construed accordingly.
The rights accrue to the proprietor as from the date of registration of the trade mark, except that —
no infringement proceedings may be begun before the date on which the trade mark is in fact registered; and
no offence under section 46, 47, 48 or 49 is committed by anything done before the date on which the trade mark is in fact registered.
If the trade mark is registered subject to any disclaimer or limitation, the rights of the proprietor are restricted by the disclaimer or limitation.