No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 81 INDUSTRIAL PROPERTY ACT, 2012 as contemplated in section 151, or who performs acts which make it likely that infringement will occur. (2) The rights referred to in subsection (1) are in respect of the use of a mark identical to or so similar to the registered trade mark as to be likely to deceive or cause confusion, and in relation to goods or services in respect of which the trade mark is registered, or goods or services so similar to those for which the trade mark has been registered that it is likely that deception or confusion may arise among members of the public. (3) In case of such use of an identical mark for identical goods or services, a likelihood of deception or confusion must be presumed. (4) The registered owner of a well-known trade mark as contemplated in section 138(1)(a) or (b) or a registered licensee of such a trade mark as contemplated in section 167 has, in addition to any other rights, remedies or actions available to him or her, the right to institute legal proceedings against any person who infringes the trade mark by using the mark in the course of trade and without the written authorisation of the registered owner in the circumstances contemplated in section 138(1)(a) or (b) or 182(c). Exhaustion of rights 153. The right to institute proceedings conferred by the registration of a trade mark does not extend to (a) acts in respect of articles to which the trade mark has been applied and which have been put on the market in any country by the registered owner or with his or her written consent; (b) the use of the trade mark in respect of or in relation to goods to be sold or otherwise traded in, or services to be performed in, any place to which the registration does not extend, or the use of the trade mark in a manner or in circumstances to which, having regard to any conditions or limitations entered in the register, the registration does not extend. Right to continue to use 154. (1) Nothing in this Act entitles the proprietor of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical to a trade mark or nearly resembling it in respect of goods or services in relation to which that person or a predecessor in title of his or hers has made continuous and bona fide use of that trade mark from a date prior to – (a) the use of the first-mentioned trade mark in relation to those goods or services by the proprietor or a predecessor in title; or (b) to the registration of the first-mentioned trade mark in respect of those goods or services in the name of the proprietor or a predecessor in title,