Act 17
Trademarks Act
2010
40. Infringement by breach of certain restrictions.
(1) Where, by a contract in writing made with the owner or a
permitted user of a registered trademark relating to goods or services
a purchaser or owner of goods or services—
(a) enters into an obligation to the effect that he or she will not
do, in relation to the goods or services an act to which this
section applies; and
(b) the purchaser or owner of goods or services having notice of
the obligation, does act or authorises it to be done, in
relation to the goods or services, in the course of trade or
with a view to any dealing in the course of trade,
the purchaser or owner of the goods or services shall be taken to
infringe the right to the use of the trademark given by registration.
(2) Subsection (1) does not apply unless the person referred to as
owner became the owner of the goods by purchase for money or
money’s worth in good faith before receiving notice of the obligation
or by virtue of a title derived through another who became the owner.
(3) The acts to which this section applies are—
(a) the applicant of the trademark upon the goods or services after
they have suffered alteration in a manner specified in the
contract as respects their state or condition, get-up or packing;
(b) in a case in which the trademark is upon the goods or
services, the alteration, part removal or part obliteration of
the trademark;
(c) in a case in which the trademark is upon the goods or
services and there is also other matter, being matter
indicating a connection in the course of trade between the
owner or registered user and the goods or services, the
removal or obliteration wholly or partly, of the trademark
unless that other matter is wholly removed or obliterated;
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