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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 121

Infringement of trade mark by breach of certain restrictions
121. (1) This section applies to a registered trade mark if the registered
owner, or an authorised user of the trade mark having power to do so, has
caused to be displayed on goods (registered goods) in respect of which the
trade mark is registered, or on their package, or on the container in which
they are offered to the public, a notice (notice of prohibition) prohibiting
any act that is under subsection (2) a prohibited act in relation to the
goods. Note 1: An authorised user of the trade mark may not have power to
cause notices of prohibition to be displayed on goods etc. because of the
terms of the agreement between the authorised user and the registered owner of
the trade mark (see section 26). Note 2: For registered owner and registered
trade mark see section 6. Note 3: For authorised user see section 8.

(2) Each of the following is a prohibited act:

   (a)  applying the trade mark to registered goods, or using the trade mark
        in physical relation to them, after the state, condition, get-up or
        packaging in which they were originally offered to the public has been
        altered;

   (b)  altering, or partially removing or obliterating, any representation of
        the trade mark applied to registered goods or used in physical
        relation to them;

   (c)  if the trade mark has been applied to registered goods, or used in
        physical relation to them, together with other matter indicating that
        the registered owner or authorised user has dealt with the
        goods-removing or obliterating, totally or in part, any representation
        of the trade mark without totally removing or obliterating the other
        matter;

   (d)  applying another trade mark to registered goods or using another trade
        mark in physical relation to them;

   (e)  if the trade mark has been applied to registered goods or used in
        physical relation to them-using on the goods, or on the packaging or
        container of the goods, any matter that is likely to injure the
        reputation of the trade mark. Note 1: For applied to see section 9.
        Note 2: For authorised user see section 8.

(3) Subject to subsection (4), a person infringes a trade mark to which this
section applies if the person:

   (a)  is the owner of registered goods; and

   (b)  in the course of trade, or with a view to a dealing with the goods in
        the course of trade:

        (i)    does an act that is prohibited under the notice of prohibition;
               or

        (ii)   authorises that act to be done.

(4) The trade mark is not infringed if the owner of the goods:

   (a)  acquired them in good faith and without being aware of the notice of
        prohibition; or

   (b)  became the owner of the goods by virtue of a title derived from a
        person who had so acquired them. 


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