Rev. 2009] Trade Marks CAP. 506 course of business (otherwise than as a defensive trade mark) and either with or without conditions or restrictions; and the use of a trade mark by a licensee thereof in respect of which for the time being the trade mark remains registered and he is registered as a licensee, being use such as to comply with any conditions or restrictions to which his registration is subject, is in this Act referred to as the permitted use thereof. (2) The permitted use of a trade mark shall be deemed to be use by the proprietor thereof, and shall be deemed not to be use by a person other than the proprietor, for the purposes of section 29 and for any other purpose for which such use is material under this Act or at common law. (3) Subject to any agreement subsisting between the parties, a licensee of a trade mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof, and, if the proprietor refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for infringement in his own name, as if he were the proprietor, making the proprietor a defendant; and a proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. (4) Where it is proposed that a person should be registered as a licensee of a trade mark, the proprietor and the proposed licensee shall apply in writing to the Registrar in the prescribed manner and shall furnish him with a statutory declaration made by the proprietor, or by some person authorized to act on his behalf and approved by the Registrar (a) giving particulars of the relationship, existing or proposed, between the proprietor and the proposed licensee, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed licensee shall be the sole licensee or that there shall be any other restriction as to persons for whose registration as licensees application may be made; (b) stating the goods or services in respect of which registration is proposed; (c) stating any conditions or restrictions proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use or to any other matter; and (d) stating whether the permitted use is to be for a period or 31