Paragraph 2

Section 4 (right given by registration in Part A and infringement thereof) shall be modified as follows.

In subsection (1)—

“(b) in a case in which the use is use at or near the place where the services are available for acceptance or performed or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or as registered user to use the mark or to services with the provision of which such a person as aforesaid is connected in the course of business.”

In subsection (2) (effect of conditions and limitations), for the words from “goods to be sold” to “any market” there shall be substituted the words “services for use or available for acceptance in any place, country or territory”.

In subsection (3) (cases where there is no infringement), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a)

in relation to services to which the proprietor of the mark or a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark; or

(b)

in relation to services the provision of which is connected in the course of business with the proprietor or a registered user of the mark, where the proprietor or registered user has at any time expressly or impliedly consented to the use of the mark; or

(c)

in relation to services available for use with other services in relation to which the mark has been used without infringement of the right given by registration or might for the time being be so used, if—

(i)

the use of the mark is reasonably necessary in order to indicate that the services are available for such use, and

(ii)

neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact a connection in the course of business between any person and the provision of those services.”