4 the right to the use of a certification mark given

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(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
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Act 17 Trademarks Act 2010 (a) in relation to services to which the owner of the mark or a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been certified by the owner; (b) in relation to services the provision of which is connected in the course of business with the owner or the registered user of the mark, where the owner or registered user has at any time expressly or impliedly consented to the use of the mark; or (c) in relation to services available for use with other services in relation to which the mark has been used without infringement of the right given by registration or might for the time being be so used, if— (i) the use of the mark is reasonably necessary in order to indicate that the services are available for that use; and (ii) 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 business between a person and the provision of those services. (5) The use of a registered trademark relating to services, being one or two or more registered trademarks relating to services that are identical or nearly resemble each other, in exercise of the right to the use of that trademark given by registration, shall not be taken to be an infringement of the right given to the use of any other of those trademarks. 38. Rights given by registration of goods 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 goods shall, give or be taken to have given to that person a similar right in relation to those goods as if the registration had been in Part A of the register and section 36 shall have effect in a similar manner in relation to a trademark registered in respect of goods in Part B of the register as they have effect in relation to a trademark registered in Part A of the register. 33
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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.
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