Act 17 Trademarks Act 2010 37. Rights given by registration of services in Part A and infringement. (1) Subject to sections 41 and 24, the registration of a person as owner of a trademark other than a certification trademark in respect of services, shall, give to that person in Part A of the register the exclusive right to the use of the trademark in relation to those services. (2) Without prejudice to the general effect of subsection (1), the right conferred by subsection (1) shall be taken to be infringed by a person who, not being the owner of the trademark or a person authorised by the owner for that purpose, uses it in connection with the provision of any services a mark identical with or nearly resembling it, in relation to services in respect of which it is registered or in relation to services of the same description where the use would result in a likelihood of confusion and in such a manner as to render the use of the mark likely to be taken— (a) as a trademark relating to services; or (b) in a case in which the use is near the place where the services are available for acceptance or performed or in an advertising circular or other advertisement issued to the public as importing a reference to some person having a right either as owner or by his authorisation under the relevant regulations to use the mark or services with the provision of which that person is connected in the course of business. (3) The right to the use of a trademark given by registration in Part A of the register shall be subject to conditions or limitations entered on the register and shall not be taken to be infringed by the use of that mark in any mode, in relation to services for use or available for acceptance in a place, country or territory or in any other circumstances, to which, having regard to the limitations, the registration does not extend. (4) The right to the use of a certification mark given by registration in Part A of the register shall not be taken to be infringed by the use of that mark by a person who— 32