39 rights given by registration of services in part b

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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
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Act 17 Trademarks Act 2010 40. Infringement by breach of certain restrictions. (1) Where, by a contract in writing made with the owner or a permitted user of a registered trademark relating to goods or services a purchaser or owner of goods or services— (a) enters into an obligation to the effect that he or she will not do, in relation to the goods or services an act to which this section applies; and (b) the purchaser or owner of goods or services having notice of the obligation, does act or authorises it to be done, in relation to the goods or services, in the course of trade or with a view to any dealing in the course of trade, the purchaser or owner of the goods or services shall be taken to infringe the right to the use of the trademark given by registration. (2) Subsection (1) does not apply unless the person referred to as owner became the owner of the goods by purchase for money or money’s worth in good faith before receiving notice of the obligation or by virtue of a title derived through another who became the owner. (3) The acts to which this section applies are— (a) the applicant of the trademark upon the goods or services after they have suffered alteration in a manner specified in the contract as respects their state or condition, get-up or packing; (b) in a case in which the trademark is upon the goods or services, the alteration, part removal or part obliteration of the trademark; (c) in a case in which the trademark is upon the goods or services and there is also other matter, being matter indicating a connection in the course of trade between the owner or registered user and the goods or services, the removal or obliteration wholly or partly, of the trademark unless that other matter is wholly removed or obliterated; 35
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Act 17 Trademarks Act 2010 (d)
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