Section 29(2) in The Trade And Merchandise Marks Act, 1958
(2)In an action for infringement of a trade mark registered in Part B of the register an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that the sue of the mark of which the plaintiff complains is not likely to deceive or cause confusion or to be taken as indicating a connection in the course of trade between the goods in respect of which the trademark is registered and some person having the right, either as registered proprietor or as registered user, to use the trade mark.
