Act 17
Trademarks Act
2010
(a) in relation to services to which the owner of the mark or a
registered user conforming to the permitted use has applied
the mark, where the purpose and effect of the use of the
mark is to indicate, in accordance with the fact, that those
services have been certified by the owner;
(b) in relation to services the provision of which is connected
in the course of business with the owner or the registered
user of the mark, where the owner or registered user has at
any time expressly or impliedly consented to the use of the
mark; or
(c) in relation to services available for use with other services
in relation to which the mark has been used without
infringement of the right given by registration or might for
the time being be so used, if—
(i)
the use of the mark is reasonably necessary in order to
indicate that the services are available for that use; and
(ii) 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 business between
a person and the provision of those services.
(5) The use of a registered trademark relating to services, being one
or two or more registered trademarks relating to services that are identical
or nearly resemble each other, in exercise of the right to the use of that
trademark given by registration, shall not be taken to be an infringement
of the right given to the use of any other of those trademarks.
38. Rights given by registration of goods in Part B and
infringement.
(1) Subject to subsection (2), the registration of a person in Part B
of the register as owner of a trademark in respect of any goods shall, give
or be taken to have given to that person a similar right in relation to those
goods as if the registration had been in Part A of the register and section
36 shall have effect in a similar manner in relation to a trademark
registered in respect of goods in Part B of the register as they have effect
in relation to a trademark registered in Part A of the register.
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