Section 9, The Trade Marks Act, 2014

(1) A person other than a registered owner of a trademark shall not without the written permission of the owner use the (2) The registered owner may institute action before the Tribunal against any person who infringes a registered trade mark by– (a) using the registered mark without permission; or (b) performing acts which make it likely that infringement may occur. (3) No person shall knowingly infringe the rights of the owner of a registered trade mark by using a trade mark in relation to goods or services for which the trade mark was registered without the written consent of the owner. (4) The right of the registered owner under this section shall, in addition to any other remedies, extend to the use of a sign similar to the registered trade mark and use in relation to goods or services similar to those for which the mark has been registered where confusion may arise in the public. (5) Where there is use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. (6) The rights conferred by registration of a mark shall not extend to acts in respect of articles which have been put on the market in any country by the registered owner or with the consent of the owner. (7) Paragraph (f) of section 5 shall apply with such modification as may be required in any action instituted by the owner of a well-known trade mark against any person in respect of the unlawful use of the well-known trade mark. (8) A person who infringes the right of a registered owner of a trade mark by knowingly using a trade mark for goods or services without the consent of the registered owner commits an offence and is liable on conviction to a fine not exceeding Le100 million or a term of imprisonment not exceeding seven years or to both.