TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 134 Second-hand goods

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 134

134.(1) This section applies if:

   (a)  second-hand goods to which or in relation to which a representation of
        a registered trade mark is applied are put on the market; and

   (b)  the registered owner, or a registered user, of the trade mark has not
        consented or approved that the goods be put on the market in the
        condition in which they are.

(2) In spite of section 129, a person who trades in the goods does not
infringe the trade mark if:

   (a)  the person indicates clearly that the goods are second-hand goods; and

   (b)  the changes, alterations or repairs that have been made to the goods
        are not so extensive or fundamental that the goods can no longer
        reasonably be regarded as possessing the main characteristics,
        qualities or attributes inherent to the goods when they were new.