IP/NI1 Page 24 (6) Except as: otherwise expressly provided in this section, this Act applies in respect of the registration of trade marks as defensive trade marks and of trademarks so registered as they aPl?ly in other cases" to 28e (1) Subject the provisions of this section, a person other Registered than the proprietor of a trade mark may be regist~req as a re&iste~ed users, user thereofin respect of .all or any: of the goods 111 respect or ~hlCh it is. registered (otherwise than as a def~nsiv~ trade mark) aad either with or without conditions at restrictions, (2) The 'use of a trade mark by' a registered user thereof in relation to goods with "which he is connected in. the course of trade and in respect of which for the time' being the trade mark remains registered and he is registered as a registered user, being usesuch as to comply with any conditions or restrictions to which his registrationIs subject, is in this Act referred to as "the "permitted use" thereof (3) 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 26 of this Act and for any other purposes for which such use is material under this Act or at common law, (4) Subject to any agreement subsisting between the parties, a registered user of a trade mark shan be entitled to can 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 registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant. (5) A proprietor added as defendant under subsection (4) of this section, shall not bee liablefor any costsunless he enters an appearance and takes part in the proceedings.. (6) Where it is proposed that a person should be registered as a registered user of a trade' mark, the proprietor and the proposed registered user must apply in writing to the Registrar in the prescribed manner and must furnish him With such documents, information or evidence as may be prescribed, or as may be required by the "Registrar. (7) When the requirements, of subsection (6)' of this section have .been complied with, .if the Registrar, after considering the information furnished to him under that subsection, is .satisfied that in all the circumstances the use of the trade mark in relation to the ·propos~d .goods or any. of them 'by the. proposed registered usersubject to any conditions or .restrictions which the Registrar thinks proper would not: b~ contrary. to the. public" interest, ". the Registrar" may register the proposed registered user as a registered user in respect of the goods as to which he is so satisfied subject to those, conditions .or restrictions..