ss 2–5 TRADE MARKS ACT PART III EFFECT OF REGISTRATION AND ACTION FOR INFRINGEMENT to which, having regard to any such conditions or limitations, the registration does not extend. 6 No action for infringement of unregistered trade mark No person shall be entitled to institute any proceedings to prevent, or to recover damages for, the infringement of an unregistered trade mark: Provided that nothing in this Act shall affect the right of any person, at common law, to bring an action against any other person for passing off goods or services as the goods or services of another person. 7 Registration to be in respect of particular goods or services (1) A trade mark shall be registered in respect of a particular class or particular classes of goods or services or in respect of goods or services falling in such class or classes in accordance with such classification as may be prescribed. (2) Any question arising as to the class within which any goods or services fall shall be determined by the Registrar whose decision shall be final. 8 Infringement of rights given by registration in Part A or Part B (1) Subject to this section and sections ten and eleven, the rights acquired by registration of a trade mark in Part A or Part B of the Register shall be infringed by— (a) unauthorized use as a trade mark in relation to goods or services in respect of which the trade mark is registered, of a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion; or (b) unauthorized use in the course of trade, otherwise than as a trade mark, of a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion if such use is— (i) in relation to or in connection with goods or services in respect of which the trade mark is registered; and (ii) likely to cause injury or prejudice to the proprietor of the trade mark. (2) In the case of a trade mark registered in Part B of the Register, no interdict or other relief shall be granted in an action for infringement by virtue of paragraph (a) of subsection (1) if the defendant establishes to the satisfaction of the court that the use of which the plaintiff complains is not likely to be taken as indicating a connection in the course of trade between the goods or services concerned and some person having the right, either as proprietor or as registered user, to use the trade mark. (3) The right to the use of a trade mark given by registration in Part A or Part B of the Register shall be subject to any conditions or limitations entered on the Register and shall not be deemed to be infringed by the use of that trade mark in any mode— (a) in relation to goods to be sold or otherwise traded in, or services to be performed, in any place; or (b) in relation to goods to be exported to, or services to be performed for, any market; or (c) in any other circumstances; [Chapter 26:04] (4) The right to the use of a trade mark given by registration in Part A or Part B of the Register shall not be 82