Act 17
Trademarks Act
2010
(3) The right to the use of a trademark given by registration in
Part A of the register, shall be subject to conditions or limitations
entered on the register and shall not be taken to be infringed by the
use of that mark in any mode, in relation to goods to be sold or
otherwise traded in a place, in relation to goods to be exported to a
market or in any circumstances, to which, having regard to the
limitations, the registration does not extend.
(4) The right to the use of a trademark given by registration in
Part A of the register shall not be taken to be infringed by the use of
that mark by any person who—
(a) in relation to goods connected in the course of trade with
the owner or a registered user of the trademark if, as to
those goods or a bulk of which they form part, the owner or
the registered user conforming to the permitted use has
applied the trademark and has not subsequently removed or
obliterated it or has at any time expressly or impliedly
consented to the use of the trademark; or
(b) in relation to goods adapted to form part of or to be
accessory to other goods, in relation to which the trademark
has been used without infringement of the right given by
registration in Part A of the register or might for the time
being so used, if the use of the mark is reasonably necessary
in order to indicate that goods are adapted and neither the
purpose nor the effect of the use of the mark is to indicate
otherwise than in accordance with the fact a connection in
the course of trade between a person and the goods.
(5) The use of a registered trademark relating to goods, being
one of two or more registered trademarks relating to goods which are
identical or nearly resemble each other, in exercise of the right to the
use of that trademark given by registration in Part A of the register,
shall not be taken to be an infringement of the right so given the use
of any other of those trademarks.
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