Rev. 2009] Trade Marks CAP. 506 13 given to the use of any other of those trade marks. 8. (1) Except as provided by subsection (2), the registration (whether before or after the commencement of this Act) of a person in Part B the register as proprietor of a trade mark if valid gives to that person the same right and the provisions of section 7 shall have effect in the same 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. Right given by registration in Part B and infringement thereof. 5 of 1994, 7 of 2007. (2) In any action for infringement of the right to the use of a trade mark given by registration in Part B of the register, otherwise than by an act that is deemed to be an infringement by virtue of section 9, no injunction or other relief shall be granted to the plaintiff if the defendant establishes to the satisfaction of the court that the use of which the plaintiff complains is not likely to deceive or cause confusion or to be taken as indicating a connexion in the course of trade between the goods and some person having the right either as proprietor or as licensee to use the trade mark or in respect of services that a person having the right either as proprietor or as licensee to use the trade mark is connected in the course of business with the provision of the services. 9. (1) Where, by a contract in writing made with the proprietor or a licensee of a registered trade mark, a purchaser or owner of goods or a person performing the services, enters into an obligation to the effect that he will not do, in relation to the goods or services, an act to which this section applies, any person who, being the owner for the time being of the goods or the person performing the services and having notice of the obligation, does that act, or authorizes it to be done, in relation to the goods or services, in the course of trade, or with a view to any dealing therewith in the course of trade thereby infringes the right to the use of the trade mark given by the registration thereof, unless that person becomes the owner of the goods by purchase for money or money’s worth or performs the services in good faith before receiving notice of the obligation or by virtue of a title claimed through another person who so became the owner thereof. (2) The acts to which this section applies are(a) the application of the trade mark upon the goods after they have suffered alteration in any manner specified in the contract as respects their state or condition, get-up or packing; (b) in a case in which the trade mark is upon the goods, the alteration, part removal or part obliteration thereof; Infringement by breach of certain restrictions. 5 of 1994, 7 of 2007.