Raising of relative grounds in case of honest concurrent use

(1) This section applies where on an application for the registration of a trade mark it appears to the Registrar, (a) that there is an earlier trade mark in relation to which the conditions set out in section 37 (1), (2), or (3) of this Act obtain; or (b) that there is an earlier right in relation to which the condition set out in section 37 (4) of this Act is satisfied, but the applicant shows to the satisfaction of the Registrar that there has been honest concurrent use of the trade mark for which registration is sought. (2) In that case the Registrar shall not refuse the application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right. (3) For the purpose of this section “honest concurrent use” means such use in Belize, by the applicant or with his consent, at the same time the use is made by the proprietor of the earlier trade mark or with his consent under any earlier law to this Act relating to trade marks in Belize. (4) Nothing in this section affects, (a) the refusal of registration on the grounds mentioned in section 35 of this Act (absolute grounds for refusal), or 34 (b) the making of an application for a declaration on invalidity under section 47 (2) of this Act (application on relative grounds where no consent to registration). (5) This section does not apply when there is an order in force under section 40 of this Act.