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