TRADE MARKS ACT 1995 - SECT 8 Definitions of authorised user and authorised use

TRADE MARKS ACT 1995 - SECT 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).