TRADE MARKS ACT deemed to be infringed by the use of that trade mark by any person— (a) in relation to goods connected in the course of trade with the proprietor or registered user of that trade mark if, as to those goods or a bulk of which they form a part, the proprietor or the registered user conforming to the permitted use has— (i) applied that trade mark and has not subsequently removed or obliterated it; or (ii) at any time expressly or impliedly consented to the use of that trade mark; or (b) in relation to goods adapted to form part of, or to be accessory to, other goods in relation to which that trade mark has been used without infringement of the right given by paragraph (a) of subsection (1) or might for the time being be so used, if— (i) the use of that trade mark is reasonably necessary in order to indicate that the goods are so adapted; and (ii) neither the purpose nor the effect of the use of that trade mark is to indicate otherwise than in accordance with the fact a connection in the course of trade between any person and the goods. (5) The use of a registered trade mark, being one of two or more registered trade marks that are identical or nearly resemble each other, in the exercise of the right to the use of that trade mark given by registration in Part A or Part B of the Register shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks. Infringement by breach of certain restrictions (1) Where, by a contract in writing made with the proprietor or a registered user of a registered trade mark, a purchaser or owner of goods or person performing services enters into an obligation to the effect that he will not do, in relation to the goods or services, an act specified in subsection (2), any person who, being the owner for the time being of the goods or person for the time being performing the services, as the case may be, and having notice of the obligation, does that act or authorizes it to be done, in relation to the goods or services, in the course of trade or with a view to any dealing therewith in the course of trade shall be deemed thereby to infringe the right to the use of the trade mark given by the registration thereof, unless that person became the owner of the goods or person performing the services. as the case may be— (a) by purchase for money or money’s worth in good faith before receiving notice of the obligation; or (b) by virtue of a title derived through another who became the owner as mentioned in paragraph (a). (2) The acts specified for the purposes of subsection (1) are— (a) the application of the trade mark upon the goods after they have suffered alteration in any manner specified in the contract as respects their state or condition, get-up or packing; (b) the application of the trade mark in relation to cervices after they have suffered alteration in any manner specified in the contract as respects their performance; (c) in a case in which the trade mark is upon the goods or in relation to the services, the alteration, part removal or part obliteration thereof; (d) in a case in which the trade mark is upon the goods or in relation to the services and there is also thereon or in relation thereto other matter, being matter ss 6–9 9 83 [Chapter 26:04]