Commonwealth Numbered Acts

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

Goods etc. to which registered trade mark has been applied by or with consent of registered owner
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). 


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