(2)
Without prejudice to the generality of the right to the use of a trade mark given by such
registration as aforesaid, that right shall be deemed to be infringed by any person who, not being the
proprietor of the trade mark or a registered user thereof using it by way of he permitted use, uses a
mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the
course of trade, in relation to any goods in respect of which it is registered, and in such manner as to
render the use of the mark likely to be taken either (a)
(b)
as being use as a trade mark; or
in a case in which the use is use upon the goods or in physical elation thereto or in an
advertising circular or other advertisement issued to the public, as importing a reference to some
person having the right either as proprietor or as registered user to use the trade mark or to goods
with which such a person as aforesaid is connected in the course of trade.
(3)
The right to the use of a trade mark given by such registration as aforesaid shall be subject to any
conditions or limitations entered on the Register, and the use of any such mark as aforesaid in any
circumstances to which, having regard to any such limitations, the registration does not extend shall
not constitute an infringement of that right.
(4)
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 such registration as aforesaid, shall not constitute an infringement of the right to the use of any
other of those trade marks given by such registration.
6. (1)
Except as provided by subsection (2) of this section, the registration (whether before or after he
commencement of this Act) of a person in Part B of the register as proprietor of a trade mark in
respect of any goods shall, if valid, give or be deemed to have given to that person the like right in
relation to those goods as if the registration had been in Part A of the register, and section 5(2) to (4)
of this Act shall apply in relation to a trade mark registered in Part B accordingly.
(2)
In any action for infringement of the right to the use of a trade mark given by such registration as
aforesaid in part B of the register, no injunction or other relief shall be granted to of the register, no
injunction or other relief shall be granted to the plaintiff if the defendant establishes to the
satisfaction of the court that the use of which the plaintiff complains is not likely to deceive or cause
confusion or to lead to the belief in a connection in the course of trade between the goods and some
person entitled either as proprietor or as a registered user to use the trade mark.
7.
8.
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to
interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in
relation to goods in relation to which that person or a predecessor in title of his has continuously used
that trade mark from a date previous to (a)
the use of the first mentioned trade mark in relation to those goods by the proprietor or a
predecessor in title of his; or
(b)
the registration of the first mentioned trade mark in respect of those goods in the name of the
proprietor or a predecessor in title of his, whichever first occurred, or (where such use is proved)
to object to that person being put on the register for that identical or nearly resembling trade
mark in respect of those goods under section 13(2) of this Act.
The registration of a trade mark shall not interfere with (a)
any bona fide use by a person of his own name or the name of his place of business, or of the
name, or the name of the place of business, of any of his predecessors in business; or
(b)
the use by any person of any bona fide description of the character or quality of his goods, not
being a description that would be likely to be taken as importing any such reference as is
mentioned in section 65(2)(b) or 43(4) (b) of this Act.