Act 17
Trademarks Act
2010
PART IV—EFFECT OF REGISTRATION AND ACTION FOR INFRINGEMENT
34. No action for unregistered trademark.
A person may not institute proceedings to prevent or to recover
damages for an unregistered trademark.
35. Passing off.
Nothing in this Act shall be taken to affect a right of action against a
person for passing off goods or services as the goods or services of
another or the remedies in respect of the right of action.
36. Rights given by registration of goods in Part A and
infringement.
(1) Subject to sections 41 and 24, the registration before or after the
commencement of this Act, of a person in Part A of the register as owner
of a trademark other than a certification mark in respect of any goods
shall, if valid, give or be taken to have given to that person the exclusive
right to the use of the trademark in relation to those goods.
(2) Without prejudice to the general effect of subsection (1), the
right conferred by that subsection shall be taken to be infringed by a
person who, not being the owner of the trademark or a registered user
of the trademark uses by way of permitted use, a mark identical with or
so nearly resembling it, as to be likely to deceive or cause confusion in
the course of trade in relation to any goods of the same description
where the use would result in a likelihood of confusion and in such a
manner as to render the use of the mark likely to be taken—
(a) as a trademark relating to goods; or
(b) in a case in which the use of the goods or in physical
relation to the goods or in any publishing circular or other
publication issued to the public, as importing a reference to
some person having the right as owner or as registered user
of the trademark or to goods with which that person is
connected in the course of trade.
30