Section 33

33. Effect of acquiescence.—

(1) Where the proprietor of an earlier trademark has acquiesced for a continuous period of five years in the use of a registered trademark, being aware of that use, he shall no longer be entitled on the basis of that earlier trademark—

(a) to apply for a declaration that the registration of the later trademark is invalid, or

(b) to oppose the use of the later trademark in relation to the goods or services in relation to which it has been so used unless the registration of the later trademark was not applied in good faith.

(2) Where subsection (1) applies, the proprietor of the later trademark is not entitled to oppose the use of the earlier trademark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trademark may no longer be invoked against his later trademark.