Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 123

123. (1) In spite of section 120, a person who uses a registered trade mark in
relation to goods that are similar to goods in respect of which the trade mark
is registered does not infringe the trade mark if the trade mark has been
applied to, or in relation to, the goods by, or with the consent of, the
registered owner of the trade mark. Note: For similar goods see
subsection 14(1).

(2) In spite of section 120, a person who uses a registered trade mark in
relation to services that are similar to services in respect of which the
trade mark is registered does not infringe the trade mark if the trade mark
has been applied in relation to the services by, or with the consent of, the
registered owner of the trade mark. Note: For similar services see
subsection 14(2).