Section 41: Infringement of trade mark by breach of certain restrictions

41. Infringement of trade mark by breach of certain restrictions.___Subject to the provisions of section 42, if the proprietor of a registered trade mark or a licensee having power to do so, has caused to be displayed on goods the words “registered goods” in respect of which a trade mark is registered, or on their packaging, or on the container in which they are offered to the public, a notice prohibiting any of the following acts___ (a) apply the trade mark to registered goods or using the trade mark in physical 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 registered goods and used in physical relation to them; (c) if the trade mark has been applied to registered goods, or used in physical relation to them, together with other matter indicating that the proprietor or the licensee 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 matters; (d) applying another trade mark to registered goods or using another trade mark in physical relation to them; or (e) if the trade mark has been applied to registered goods, or used in physical relation to them, using on the goods, or on the packaging or container of the goods, any matter that is likely to injure the repute of the trade mark. a person who does or authorizes someone to do any of the foregoing prohibiting acts shall be liable for infringement of the trade mark: Provided that the trade mark shall not be infringed if the owner of the goods acquired them in good faith and without being aware of the notice of prohibition, or became the owner of the goods by virtue of a title derived from a person who has so acquired them.

Effective date: 2001-01-01

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