LP/N/l/SWZ/T/l
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(a) identical with or so nearly resembling it as. to be likely to deceive or cause
confusion, in the course of trade or business, ia relation to any goods or services
in respect of which it is registered or in relation to any closely related goods or
services and in such manner as to render the use of the sign likely to be taken
either
(i) as being used as a trade mark or business or company name; or
(ii) in a case in which the use is upon the goods or in physical relation
thereto, or in relation to services, or in an advertising circular or other
advertisement issued to the public, as importing a reference to some
person having the right either as proprietor or as a registered user to
USe the trade mark, or to goods or services with which such person as
aforesaid is connected in the course of trade or business;
or
(b) identical with or nearly resembling it in the course of trade or business in any
manner likely to impair the distinctive character or acquired reputation of the trade mark.
(2) The exclusive tight referred to in section 31 shall, subject to subsection (3), also be
deemed to be infringed by any person who, not being the proprietor of the trade mark or a
registered user thereof using by way of permitted use, does any of .the following acts in the
course of trade in respect of goods purchased from the proprietor of the trade mark or a
registered user
(a) applying the trade mark upon the goods after they have under-gone alteration
as respects their state or condition, get-up or packing;
(b) where the trade mark is upon the goods, altering or obliterating it, whether
wholly or partly;
(c) where the trade mark is upon the goods, and there is also thereon other matter,
being matter indicating a connection in the course of trade between the pro
prietor or registered user and the goods) removing or obliterating, whether
wholly or partly, the trade mark unless that other matter is wholly removed or
obliterated;
(d) where the trade mark is upon the goods, applying any other trade mark to the
goods or adding to the goods any other matter in writing that is likely to injure
the acquired reputation of the trade mark.
(3) The exclusive right given by registration under section 31 shall not be deemed to be
infringed by the use of any such trade mark by any person
(a) in relation to goods connected in the course of trade with the proprietor or a
registered user of the trade mark if, as to those goods or bulk of which they
form a part~ the proprietor or the registered user conforming to the permitted
use has applied the trade mark and has not subsequently removed or obliterated
it or has at any time expressly or impliedly consented to such use of the trade
mark; OT
(b) in relation to goods adapted to form part of, or to be accessory to, other goods
in relation to which the trade mark has been registered if the use of the trade
mark is reasonably necessary in order to indicate that the goods are so adapted;
or