Trade Marks Act · s 20

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20.
Period after which remedy of delivery up not available
(1) An application for an order under section 18 may not be made after the end of the period of 6 years from —
(a) in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;
(b) in the case of infringing material, the date on which the trade mark was applied to the material; or
(c) in the case of infringing articles, the date on which they were made, except as mentioned in subsection (2).
(2) If, during the whole or part of that period, the proprietor of the registered trade mark —
(a) is under a disability; or

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(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order, an application may be made at any time before the end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
(3) In subsection (2), “disability” has the same meaning as in section 4(2) of the Limitation Act (Chapter 14).

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s 20Period after which remedy of delivery up not available

(1)

An application for an order under section 18 may not be made after the end of the period of 6 years from —

(a)

in the case of infringing goods, the date on which the trade mark was applied to the goods or their packaging;

(b)

in the case of infringing material, the date on which the trade mark was applied to the material; or

(c)

in the case of infringing articles, the date on which they were made, except as mentioned in subsection (2).

(2)

If, during the whole or part of that period, the proprietor of the registered trade mark —

(a)

is under a disability; or

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(b)

is prevented by fraud or concealment from discovering the facts entitling him to apply for an order, an application may be made at any time before the end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

(3)

In subsection (2), “disability” has the same meaning as in section 4(2) of the Limitation Act (Chapter 14).