Trade Marks Ordinance, 2001 — section 42

42. When a trade mark is not infringed..—_(1) A person shall 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, so long as such use does not result in a likelihood of confusion or otherwise interfere with an existing trade mark or other property right; or

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

(b)the person uses a mark 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;

(c)the person uses the trade mark in good faith to indicate the intended purpose of goods, in particular as accessories or spare parts, or services; or

(d)the person uses the trade mark for the purposes of comparative advertising.

(2)If the right to the use of a trade mark given under section 39 by registration is subject to any conditions or limitations entered on the Register, such right shall not be deemed to be infringed by the use of any such trade mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in or in relation to services provided by, in any place, or in relation to goods or services to be exported to any market, or in any other circumstances, to which, having regard to any such limitations the registration does not extend.

(3)Where registration of a trade mark is subject to a disclaimer, a person shall not infringe the trade mark by using disclaimed part of the trade mark.