IP/NIl/GHA/T/l Page 7 (3) The right to the use of a trade mark given by virtue of this section by registration 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 is referred to in subsection (2) of this section 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. (4) The said right shan not be deemed to be infringed by the use of any such mark 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 part, the proprietor 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 accessory to, other goods in relation to which the trade mark has been used without infringement of the right given by registration 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 accordance with the fact a connection in the course of trade between any person and the goods.. (5) 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 virtue of this section by registration shall not. be deemed to be an infringement of the right so given to the use of any other of those trade marks. Right given by registra.. tion in Part B and infringement thereof.. 5. (1) Except as provided by subsection (2) of this section, the registration (whether before or after the commencement of this Act) 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 registration had been in Part A of the register, and. the provisions of section 4 of this Act 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..

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents