Act 17
Trademarks Act
2010
37. Rights given by registration of services in Part A and
infringement.
(1) Subject to sections 41 and 24, the registration of a person as
owner of a trademark other than a certification trademark in respect of
services, shall, give to that person in Part A of the register the exclusive
right to the use of the trademark in relation to those services.
(2) Without prejudice to the general effect of subsection (1), the
right conferred by subsection (1) shall be taken to be infringed by a
person who, not being the owner of the trademark or a person
authorised by the owner for that purpose, uses it in connection with
the provision of any services a mark identical with or nearly
resembling it, in relation to services in respect of which it is registered
or in relation to services 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 services; or
(b) in a case in which the use is near the place where the services
are available for acceptance or performed or in an advertising
circular or other advertisement issued to the public as
importing a reference to some person having a right either as
owner or by his authorisation under the relevant regulations to
use the mark or services with the provision of which that
person is connected in the course of business.
(3) The right to the use of a trademark given by registration in
Part A of the register shall be subject to conditions or limitations
entered on the register and shall not be taken to be infringed by the
use of that mark in any mode, in relation to services for use or
available for acceptance in a place, country or territory or in any other
circumstances, to which, having regard to the limitations, the
registration does not extend.
(4) The right to the use of a certification mark given by
registration in Part A of the register shall not be taken to be infringed
by the use of that mark by a person who—
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