IP/NIl/GHA/T/l
Page 7
(3) The right to the use of a trade mark given by virtue of this
section by registration shall be subject to any conditions or limitations
entered on the register, and shall not be deemed to be infringed by
the use of any such mark as is referred to in subsection (2) of this
section in any mode, in relation to goods to be sold or otherwise
traded in in any place, in relation to goods to be exported to any
market, or in any other circumstances, to which, having regard to
any such limitations, the registration does not extend.
(4) The said right shan not be deemed to be infringed by the
use of any such mark 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 form part, 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 the use of the
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 used without infringement of the right
given by registration or might for the time being be so
used, if the use of the mark is reasonably necessary in
order to indicate that the goods are so 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 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 exercise of the right to the use of that trade mark
given by virtue of this section by registration shall not. be deemed to
be an infringement of the right so given to the use of any other of
those trade marks.
Right given
by registra..
tion in Part
B and infringement
thereof..
5. (1) Except as provided by subsection (2) of this section, the
registration (whether before or after the 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. the provisions
of section 4 of this Act shall have effect in like manner in relation to
a trade mark registered in Part B of the register as they have effect
in relation to a trade mark registered in Part A of the register..