Permitted Use

Permitted use, in relation to a registered trademark, means the use of trade mark--

(i) by a registered user of the trademark in relation to goods or services--

(a) with which he is connected in the course of trade; and

(b) in respect of which the trademark remains registered for the time being; and

(c) for which he is registered as registered user; and

(d) which complies with any conditions or limitations to which the registration of registered user is subject; or

(ii) by a person other than the registered proprietor and registered user in relation to goods or services--

(a) with which he is connected in the course of trade; and

(b) in respect of which the trade mark remains registered for the time being; and

(c) by consent of such registered proprietor in a written agreement; and

(d) which complies with any conditions or limitation to which such user is subject and to which the registration of the trade mark is subject. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (r)]