Contents of Section

Chapter:

559 PDFTitle:TRADE MARKS ORDINANCEGazette Number:L.N. 31 of 2003
Section:82Heading:Burden in civil proceedings of proving use of trade markVersion Date:04/04/2003


(1) If, in any civil proceedings under this Ordinance in which the owner of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with the owner.
(2) If, in any civil proceedings under this Ordinance in which a licensee of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with-

        (a) the owner of the trade mark, where he is a party to the proceedings; or
        (b) the licensee, where the owner is not a party to the proceedings.