TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 131 When is a trade mark not infringed?

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 131

131.(1) In spite of section 129, a person does not infringe a registered
trade mark when:

   (a)  the person uses in good faith:

        (i)    the person's name or the name of the person's place of
               business; or

        (ii)   the name of the person's predecessor in business or the name of
               the predecessor's place of business; or

   (b)  the person uses a sign in good faith to indicate:

        (i)    the kind, quality, quantity, intended purpose, value,
               geographical origin, or some other characteristic, of goods or
               services; or

        (ii)   the time of production of goods or of the rendering of
               services; or

   (c)  the person uses the trade mark in good faith to indicate the intended
        purpose of:

        (i)    the goods (in particular as accessories or spare parts); or

        (ii)   the services; or

   (d)  the person uses the trade mark in good faith for the purposes of
        comparative advertising; or

   (e)  the person exercises a right to use a trade mark given to the person
        under this Act; or

   (f)  the person, in using the trade mark or a sign in a manner referred to
        in section 129, does not infringe any right of the registered owner to
        use the trade mark.

(2) In spite of section 129, if a disclaimer has been registered in respect of
a part of a registered trade mark, a person does not infringe the trade mark
by using that part of the trade mark.