12

CAP. 506

Trade Marks

[Rev. 2009

goods or a bulk of which they form part, the proprietor or
the licensee 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 the
use of the trade mark; or
(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 used without infringement of the right given as
aforesaid or might for the time being be so used, if the use
of the mark is reasonably necessary in order to indicate that
the goods are so adapted and neither the purpose nor the
effect of the use of the mark is to indicate otherwise than in
accordance with the fact a connexion in the course of trade
between any person and the goods;
(c) in relation to services to which the proprietor of the trade
mark or a licensee conforming to the permitted use has
applied the trade mark, where the purpose and effect of
the use of the trade mark is to indicate, in accordance with
the fact, that those services have been performed by the
proprietor or a licensee of the trade mark; or
(d) in relation to services the provision of which is connected
in the course of business with the proprietor or a licensee
of the trade mark, where the proprietor or licensee has at
any time expressly or impliedly consented to the use of the
trade mark; or
(e) in relation to services available for use with other services
in relation to which the trade 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 trade mark is reasonably necessary in order
to indicate that the services are available for such use;
and
(ii) neither the purpose nor the effect of the use of the trade
mark is to indicate otherwise than in accordance with the
fact that there is a connection in the course of business between any person and the provision of those services.
(4) The use of a registered trade mark, being one of two or more
registered trade marks that are identical or nearly resemble each other,
in exercise of the right to the use of that trade mark given by registration
as aforesaid, shall not be deemed to be an infringement of the right so

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