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Trade Marks [CAP. 401 II (i) to some person having the right either as proprietor or as registered user to use the trade mark; or (ii) to goods with which such a person as aforesaid is connected in the course of trade. (2) The right to use of a trade mark given by registration as afore­ said shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market or in any other circumstances to which, having regard to any such limitations, the registration does not extend. (3) The right to the use of a trade mark given by registration as· aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid 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 a bulk of which they form a part, the pro­ prietor 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 the use of the trade mark; or (b) in relation to goods adapted to form part of, or to be acces­ sory to, other goods in relation to which the trade mark has been used without infringement of the right given as afore­ said 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 accor­ dance with the fact a connection in the course of trade between any person and the goods. (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 deemedto be an infringement of the right so given to the use of any other of those trade marks. 10. (l) Except as provided by subsection (2), the registration of a person in Part B of the register as proprietor of a trade mark in respect of any goods shall, if valid, give or be deemed to have given to that person the like right in relation to those goods as if the regis­ tration had been in Part A of the register, and the provisions of sec­ tion nine shall have effect in like manner in relation to a trade mark registered in Part-B of the register as they have effect in relation to a trade mark registered in Part A of the register. (2) In any action for infringement of the right to the use of a trade mark given by registration as aforesaid in Part B of the register, oth- Right given by registration in Part Band infringement thereof

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