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Section 48 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 48. Registered users

(1) Subject to the provisions of Sec. 49, a person other than registered proprietor of a trade mark may be registered as the registered user thereof in respect of any or all of the goods in respect of which the trade mark is registered otherwise than as a defensive trade mark; but the Central Government may, by rules made in this behalf, provide that no application for registration as such shall be entertained unless the agreement between the parties complies with the conditions laid down in the rules for preventing trafficking in trade marks.

(2) The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of Sec. 46 or for any other purpose for which such use is material under this Act or any other law.

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The Trade and Merchandise Marks Act,1958

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