Effect of registration in Part A of register
45.—(1)  Subject to this section, and sections 48 and 52, the registration of a person in Part A of the register as proprietor of a trade mark (other than a certification trade mark) shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses in the course of trade a mark identical with or nearly resembling it in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either —
(a)as being use as a trade mark in relation to the goods or services in respect of which it is registered; or
(b)in a case in which the use is use upon the goods or in physical relation thereto or is use at or near the place where the services are available for acceptance, or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or as registered user to use the trade mark or to goods or services with which such a person as aforesaid is connected in the course of trade.
(2)  The right to the use of a trade mark given by registration as aforesaid shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, in a place, in relation to goods to be exported to a market, in relation to services for use or available for acceptance in a place, or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend.
(3)  The right to the use of a trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of the trade mark as aforesaid 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 a 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;
(b)in relation to services to which the proprietor of the trade mark or a registered user conforming to the permitted use has applied the trade mark, where the purpose and effect of the use of the trade mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the trade mark or where the proprietor or registered user has at any time, expressly or impliedly, consented to the use of the trade mark; or
(c)in relation to goods or services adapted to form part of, or to be accessory to, other goods or services in relaiton to which the trade mark has been used without infringement of the right given as aforesaid 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 or services 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 or services.
(4)  The use of a registered trade mark, being one of two or more registered trade marks which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration as aforesaid, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.
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