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The relevant provisions of the Act

12. Since the controversy inevitably involves the question of prior use, it would be apposite to take note of the interplay between Sections 27, 28 and 34 of the Act, which are reproduced hereunder for quick reference:

"27. No action for infringement of unregistered trade mark:

(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. (2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.