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Cap. 597 · Trademarks Act (Cap. 597)

Cap. 597 Art. 27Non-useasdefence in infringement proceedings.

PART II - REGISTERED TRADEMARKS

En vigueurTexte officiel

The proprietor of a trademark shall be entitled to prohibit the use of a sign only to the extent that the proprietor's rights are not liable to be revoked pursuant to article 29 at the time the infringement action is brought. If the defendant so requests, the proprietor of the trademark shall furnish proof that, during the five-year period preceding the date of bringing the action, the trademark has been put to genuine use as provided in article 26 in connection with the goods or services in respect of which it is registered and which are cited as justification for the action, or that there are proper reasons for non-use, provided that the registration procedure of the trademark has at the date of bringing the action been completed for not less than five years.