Section 30Part 4 — EFFECTS OF REGISTRATION OF TRADE MARK
Infringement of registered trade marks
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30. (1) A person who is not the registered proprietor or licensee infringes a registered trade mark if the person uses in the course of trade a sign or mark which is identical to a registered trade mark and that sign or mark is used in relation to goods or services which are identical to those goods and services for which it is registered.
A person infringes a registered trade mark if the person uses in the course of trade a sign, such sign being —
identical to the registered trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or
similar to the registered trade mark and is used in relation to goods or services identical to or similar to those for which the trade mark is registered, and because of this there exists a likelihood of confusion on the part of the public which includes the likelihood of association with the registered trade mark.
A person infringes a registered trade mark if the person in the course of trade in relation to goods and services uses a sign which is identical to or similar to a registered trade mark, where the trade mark has a reputation in the Islands and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
For the purpose of this section, a person uses a sign if the person —
affixes it to goods or the packaging thereof;
offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;
imports or exports goods under the sign; or
uses the sign on business papers or in advertising. Section 31 Trade Marks Law, 2016 Page 20 Law 31 of 2016 c
A person who applies a registered trade mark to material intended to be used —
for labelling or packaging goods or services;
as a business paper; or
for advertising goods or services, shall be treated as a party to any use of the material which infringes the registered trade mark if when the person applied the mark the person knew or had reason to believe that the application of the trade mark was not duly authorized by the proprietor or a licensee of the registered trade mark.
Nothing in this section shall be construed as preventing the use of a registered trade mark by any person for the purpose of identifying goods or services as those of the proprietor or a licensee, but any such use otherwise than in accordance with honest practices in industrial and commercial matters shall be treated as infringing the registered trade mark if the use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the registered trade mark.