Act 17 Trademarks Act 2010 (2) In an action for infringement of the right to the use of a trademark given by registration in Part B of the register, otherwise than by an act that is taken to be an infringement by virtue of section 34, an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that— (a) the use of which the plaintiff complains is not likely to deceive or cause confusion; or (b) the use is not likely to be taken as indicating a connection in the course of trade between the goods and some person having the right either as owner or as registered user of the trademark. 39. Rights given by registration of services in Part B and infringement. (1) Subject to subsection (2), the registration of a person in Part B of the register as owner of a trademark in respect of any services shall, give to that person a similar right in relation to those services as if the registration had been in Part A of the register and section 37 shall have effect in a similar manner in relation to a trademark registered in respect of services in Part B of the register as they have effect in relation to a trademark registered in Part A of the register. (2) In an action for infringement of the right to the use of a trademark given by registration in Part B of the register otherwise than by an act that is taken to be an infringement by virtue of section 29, an injunction or other relief shall not be granted to the plaintiff if the defendant establishes to the satisfaction of the court that— (a) the use of which the plaintiff complains is not likely to deceive or cause confusion; or (b) the use is not likely to be taken as indicating that a person having the right either as owner; or as registered user to use the mark is connected in the course of business with the provision of the services. 34