36
CAP. 401]
Trade Marks
(a)
in relation to goods certified by the proprietor of the trade
mark if, as to those goods or a bulk of which they form part.
the proprietor or another in accordance with his authorisa
tion under the relevant regulations has applied the trade
mark and has not subsequently removed or obliterated it or
the proprietor has at any time expressly or impliedly con
sented 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 that the goods are certified by the pro
prietor:
Provided that paragraph Co) shall not have effect in the case of use
consisting of the application of any such mark as aforesaid to any
goods, notwithstanding that they are such goods as are mentioned in
that paragraph, if such application is contrary to the relevant regula
tions.
(6) Where a certification trade mark is one of two or more regis
tered trade marks that are identical or nearly resemble each other, the
use of any of those trade marks in exercise of the right to the use of
that trade mark given by registration shall not be deemed to be an
infringement of the right so given to the use of any other of those
trade marks.
(7) There shall be deposited at the Trade Marks Office in respect
of every trade mark registered under this section regulations
approved by the Registrar for governing the use thereof, which shall
include provisions as to the cases in which the proprietor is to certify
.goods and to authorise the use of the trade mark and may contain any
other provisions that the Registrar may require or permit to be
inserted therein (including provisions conferring a right of appeal to
the Registrar against any refusal of the proprietor to certify goods or
to authorise the use of the trade mark in accordance with the regula
tions). Regulations so deposited shall be open to inspection in like
manner as the register.
(8) A certification trade mark shall not be assignable or transmis
sible otherwise than with the consent of the Registrar.
(9) The provisions of the Schedule shall have effect with respect
to the registration of a mark under this section and to marks so reg
istered.
(10) In this section, "person" includes the Minister responsible for
the administration of any Ministry or Government department which
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