14
CAP. 506
Trade Marks
[Rev. 2009
(c) in a case in which the trade mark is upon the goods, and
there is also thereon other matter, being matter indicating a
connexion in the course of trade between the proprietor or
registered user and the goods, the removal or obliteration,
whether wholly or partly, of the trade mark unless that other
matter is wholly removed or obliterated;
(d) in a case in which the trade mark is upon the goods, the
application of any other trade mark to the goods;
(e) in a case in which the trade mark is upon the goods, the
addition to the goods of any other matter in writing that is
likely to injure the reputation of the trade mark.
(3) In this section, references in relation to any goods to the
proprietor, to a registered user, and to the registration, of a trade mark
shall be construed, respectively, as references to the proprietor in whose
name the trade mark is registered, to a registered user who is registered,
and to the registration of the trade mark, in respect of those goods,
and “upon” includes in relation to any goods a reference to physical
relation thereto.
Saving for vested
rights.
7 of 2007.
10. Nothing in this Act shall entitle the proprietor or a licensee
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 anterior (a) to 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) to 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 is the earlier, or to object (on such use being proved) to that
person being put on the register for that identical or nearly resembling
trade mark in respect of those goods under subsection (2) of section
15.
Saving for use of
name, address or
description of goods.
11. No registration of a trade mark shall interfere with (a) any bona fide use by a person of his own name or of the
name of his place of business, or of the name, or of the
name of the place of business, of any of his predecessors
in business; or