Registration, Infringement and other Substantive Provisions
Effect of registration and the action for infringement
2 No action for infringement of unregistered trade mark.
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark, but nothing in this Act shall be deemed to affect rights of action against any person for passing off . . . F2 or the remedies in respect thereof.