Trade Marks Ordinance, 2001 — section 50

50. Period after which remedy of delivery be not available..—_(1) An application for an order under section 48 shall not be made after the expiry of three 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 provided in sub-section (2).

(2)If during the whole or part of the period specified in sub-section (1), the proprietor of the registered trade mark

(a)is under a disability; or

(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 expiry of three 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. Explanation.___In this sub-section the expression “disability” shall have the same meaning as in the Limitation Act, 1908 (IX of 1908).