TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 130 Infringement of trade mark by breach of certain restrictions

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 130

130.(1) This section applies to a registered trade mark if the registered
owner or a registered user of the trade mark has caused to be displayed on
goods in respect of which the trade mark is registered, or on their package,
or on the container in which they are offered to the public, a notice ("notice
of prohibition") prohibiting any act that is under subsection (2) a prohibited
act in relation to the goods.

(2) Each of the following is a prohibited act:

   (a)  applying the trade mark to the goods, or using the trade mark in
        relation to them, after the state, condition, get-up or packaging in
        which they were originally offered to the public has been altered;

   (b)  altering, or partially removing or obliterating, any representation of
        the trade mark applied to the goods or used in relation to them;

   (c)  if the trade mark has been applied to the goods, or used in relation
        to them, together with other matter indicating that the
        registered owner or user has dealt with the goods-removing or
        obliterating, totally or in part, any representation of the trade mark
        without totally removing or obliterating the other matter;

   (d)  applying another trade mark to the goods or using another trade mark
        in relation to them;

   (e)  if the trade mark has been applied to the goods or used in relation to
        them-using on the goods, or on the packaging or container of the
        goods, any matter that is likely to injure the reputation of the
        trade mark.

(3) Subject to subsection (4), a person infringes a trade mark to which this
section applies if the person:

   (a)  is the owner of goods in respect of which the trade mark is
        registered; and

   (b)  in the course of trade, or with a view to a dealing with the goods in
        the course of trade:

        (i)    does an act that is prohibited under the notice of prohibition;
               or

        (ii)   authorises that act to be done.

(4) The trade mark is not infringed if the owner of the goods:

   (a)  acquired them in good faith and without being aware of the notice of
        prohibition; or

   (b)  became the owner of the goods by virtue of a title derived from a
        person who had so acquired them.