Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 8

8. (1) A person is an authorised user of a trade mark if the person uses the
trade mark in relation to goods or services under the control of the owner of
the trade mark.

(2) The use of a trade mark by an authorised user of the trade mark is an
authorised use of the trade mark to the extent only that the user uses the
trade mark under the control of the owner of the trade mark.

(3) If the owner of a trade mark exercises quality control over goods or
services:

   (a)  dealt with or provided in the course of trade by another person; and

   (b)  in relation to which the trade mark is used; the other person is
        taken, for the purposes of subsection (1), to use the trade mark in
        relation to the goods or services under the control of the owner.

(4) If:

   (a)  a person deals with or provides, in the course of trade, goods or
        services in relation to which a trade mark is used; and

   (b)  the owner of the trade mark exercises financial control over the other
        person's relevant trading activities; the other person is taken, for
        the purposes of subsection (1), to use the trade mark in relation to
        the goods or services under the control of the owner.

(5) Subsections (3) and (4) do not limit the meaning of the expression

"under the control of" in subsections (1) and (2).