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(1) With a view to the fulfilment of a treaty, convention or arrangement with any country or
country which is a member of a group of countries or union of countries or Inter-Governmental
Organisation outside India which affords to citizens of India similar privileges as granted to its own
citizens, the Central Government may, by notification in the Official Gazette, declare such country or
group of countries or union of countries or Inter-Governmental Organisation to be a convention country
or group of countries or union of countries or Inter-Governmental Organisation, as the case may be, for
the purposes of this Act.
(2) Where a person has made an application for the registration of a trade mark in a convention
country or country which is a member of a group of countries or union of countries or Inter-Governmental
Organisation and that person, or his legal representative or assignee, makes an application for the
registration of the trade mark in India within six months after the date on which the application was made
in the convention country or country which is a member of a group of countries or union of countries or
Inter-Governmental Organisations, the trade mark shall, if registered under this Act, be registered as of
the date on which the application was made in the convention country or country which is a member of a
group of countries or union of countries or Inter-Governmental Organisation and that date shall be
deemed for the purposes of this Act to be the date of registration.
(3) Where applications have been made for the registration of a trade mark in two or more convention
countries or country which are members of group of countries or union of countries or
Inter-Governmental Organisation, the period of six months referred to in the last preceding sub-section
shall be reckoned from the date on which the earlier or earliest of those applications was made.
(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement
which took place prior to the date of application for registration under this Act.
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