Section 20. (1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, t

CHAPTER IV. EFFEQT OF REGISTRATION. 20. (1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless suoh trade mark has been continuously in use since before the 25th day of February, 1937, by suoh person or by a predecessor in title of his and unless an application for its registration, made within five years from the commencement of tbis Act, has been refused ; and the Registrar 16 Registrar `.OF` 19401 T ~ a d e Marks 'Registrar shall, on application in the prescribed >manner, grant a certificate that such application has been refused. (2) Nothing in this Act shall be deemed to affect -rights of action against any person for passing off goods ,as the goods of another person or the remedies in respect thereof. `21.` Subject to the provisions of sections 22, 25 zgmedby .and 36, the registration of a person in the register rerzlst.ration. .as proprietor of a trade mark in respect of any goods +hall, if valid, give to that person the exclusive right to the use of the trade mark in relation to those goods .and, without prejudice to the generality of the .foregoing provision, that right shall be deemed to be infringed by any person who, not being the proprietor .of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or :so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods sin respect of which it is registered, and in such manner as $0 render the use of the mark likely to be taken either- - (a) as being use as a trade mark ; or - (b) to import a reference to some person having - the right either as a proprietor or as registered user to use the trade mark or to goods with which such a person as aforesaid is connected in the course of trade.