Section 55
Acts not amounting to infringement
(a)
he uses in good faith—
(i)
his name or the name of his place of business; or
(ii)
the name of his predecessor in business or the name of his predecessor’s place of business;
(b)
he uses in good faith a sign to indicate—
(i)
the kind, quality, quantity, intended purposes, value, geographical origin or other characteristics of goods or services; or
(ii)
the time of production of goods or the rendering of
Trademarks 59
services; or
(c)
he uses the trademark to indicate the intended purpose of goods which includes accessories or spare parts or service and such use is in accordance with honest practices in industrial or commercial matters.
(2)
Notwithstanding section 54, a person does not infringe a registered trademark by using an unregistered trademark that is identical with or similar to the registered trademark in relation to goods or services identical with or similar to those for which the trademark is registered if he has, or he and his predecessor in business have, continuously used in the course of trade the unregistered trademark in relation to those goods or services from a time before—
(a)
the date of registration of the registered trademark;
or
(b)
the date the registered proprietor, or a predecessor in business, or a person who was a registered user under the repealed Act, first used the trademark, whichever is the earlier.
(3)
Notwithstanding anything contained in this Act, a person who uses a registered trademark does not infringe the trademark if such use—
(a)
is for a non-commercial purpose;
(b)
is for the purpose of news reporting or news commentary;
(c)
has at any time expressly or impliedly been consented to by the registered proprietor or licensee; or
(d)
of a trademark, which is one of two or more registered trademarks which are substantially identical, in the exercise of the right to the use of that trademark given by registration as provided by this Act.
(4)
Notwithstanding anything contained in this Act, a registered trademark is not infringed by the use of another registered
60
trademark in relation to goods or services for which the latter is registered.