any market; or
(c)
in any other circumstances;
to which, having regard to any such conditions or limitations, the registration does not
extend.
(4) The right to the use of a trade mark given by registration in Part A or Part B of the
Register shall not be deemed to be infringed by the use of that trade mark by any
person—
(a)
in relation to goods connected in the course of trade with the
proprietor or registered user of that trade mark if, as to those goods or a bulk of which
they form a part, the proprietor or the registered user conforming to the permitted use
has—
(i)
applied that trade mark and has not subsequently removed or
obliterated it; or
(ii)
at any time expressly or impliedly consented to the use of that trade
mark; or
(b)
in relation to goods adapted to form part of, or to be accessory to,
other goods in relation to which that trade mark has been used without infringement
of the right given by paragraph (a) of subsection (1) or might for the time being be so
used, if—
(i)
the use of that trade mark is reasonably necessary in order to indicate
that the goods are so adapted; and
(ii)
neither the purpose nor the effect of the use of that trade mark is to
indicate otherwise than in accordance with the fact a connection in the course of trade
between any person and the goods.
(5) The use of a registered trade mark, being one of two or more registered trade
marks that are identical or nearly resemble each other, in the exercise of the right to
the use of that trade mark given by registration in Part A or Part B of the Register
shall not be deemed to be an infringement of the right so given to the use of any other
of those trade marks.
9
Infringement by breach of certain restrictions
(1) Where, by a contract in writing made with the proprietor or a registered user of a
registered trade mark, a purchaser or owner of goods or person performing services
enters into an obligation to the effect that he will not do, in relation to the goods or
services, an act specified in subsection (2), any person who, being the owner for the
time being of the goods or person for the time being performing the services, as the
case may be, and having notice of the obligation, does that act or authorizes it to be
done, in relation to the goods or services, in the course of trade or with a view to any
dealing therewith in the course of trade shall be deemed thereby to infringe the right
to the use of the trade mark given by the registration thereof, unless that person
became the owner of the goods or person performing the services. as the case may
be—
(a)
by purchase for money or money’s worth in good faith before
receiving notice of the obligation; or
(b)
by virtue of a title derived through another who became the owner as
mentioned in paragraph (a).
(2) The acts specified for the purposes of subsection (1) are—
(a)
the application of the trade mark upon the goods after they have
suffered alteration in any manner specified in the contract as respects their state or
condition, get-up or packing;
(b)
the application of the trade mark in relation to cervices after they have
suffered alteration in any manner specified in the contract as respects their
performance;
(c)
in a case in which the trade mark is upon the goods or in relation to
the services, the alteration, part removal or part obliteration thereof;
(d)
in a case in which the trade mark is upon the goods or in relation to