Act 17
Trademarks Act
2010
(2) In an action for infringement of the right to the use of a
trademark given by registration in Part B of the register, otherwise
than by an act that is taken to be an infringement by virtue of section
34, an injunction or other relief shall not be granted to the plaintiff if
the defendant establishes to the satisfaction of the court that—
(a) the use of which the plaintiff complains is not likely to
deceive or cause confusion; or
(b) the use is not likely to be taken as indicating a connection
in the course of trade between the goods and some person
having the right either as owner or as registered user of the
trademark.
39. Rights given by registration of services 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 services
shall, give to that person a similar right in relation to those services as
if the registration had been in Part A of the register and section 37
shall have effect in a similar manner in relation to a trademark
registered in respect of services in Part B of the register as they have
effect in relation to a trademark registered in Part A of the register.
(2) In an action for infringement of the right to the use of a
trademark given by registration in Part B of the register otherwise
than by an act that is taken to be an infringement by virtue of section
29, an injunction or other relief shall not be granted to the plaintiff if
the defendant establishes to the satisfaction of the court that—
(a) the use of which the plaintiff complains is not likely to
deceive or cause confusion; or
(b) the use is not likely to be taken as indicating that a person
having the right either as owner; or as registered user to use
the mark is connected in the course of business with the
provision of the services.
34