16
No. 12
Trade and Service Marks
1986
any goods in respect of which it is registered or in relation to any
closely related goods and in such manner as to render the use of the
sign likely to be either(i) as being used as a trade mark or business or company name, or
(ii) in a case in which the use is upon the goods or in physical relation thereto, or in relation to services, 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 a registered user to use the trade marks or to
goods or services with which such a person as aforesaid is
connected in the course of business or trade; or
(b) identical with or nearly resembling it in the course of trade or
business in any manner likely to impair the distinctive character or
acquired reputation of the trade mark.
(2) The exclusive right referred to in section 31 shall, subject to the
provisions of subsection (3), also be deemed to be infringed by any person
who, not being the proprietor of the trade mark of a registered user
thereof using by way of permitted use, does any of the following acts
in the course of trade in respect of goods purchased from the proprietor
of the trade mark of a registered user-(a) applying the trade mark upon the goods after they suffered
alteration as respects their state or condition, get-up or packing;
(b) where the trade mark is upon the goods, altering or obliterating
it, whether wholly or partly;
(c) where the trade mark is upon goods, and there is also thereon other
matter, being matter indicating a connection in the course of trade
between the proprietor or registered user and the goods, removing
or obliterating, whether wholly or partly, the trade mark, unless
that other matter is wholly removed or obliterated;
(d) where the trade mark is upon the goods, applying any other trade
mark to the goods; and
(c) where the trade mark is upon the goods, adding to the goods any
other matter in writing that is likely to injure the acquired reputation
of the trade mark.
(3) The exclusive right given by registration under section 31 sliall
not deemed to be infringed by the use of any such trade mark as aforesaid
by any person(a) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods
or a bulk of which they from apart, the proprietor or the registered
user conforming to the permitted use has applied the trade mark
and has, not subsequently removed or obliterated it or has at any
time expressly or impliedly consented to such use of trade mark; or
(b) in relation to goods adapted to form part of, or to be accessory to,
other goods in relation to which the trade mark has been registered
if the use of the trade or service mark is reasonably necessary
in order to indicated that the goods are so adapted; and