97 No infringement for use in relation to certain identical or similar goods

A trade mark registered in respect of goods is not infringed by its use in relation to identical or similar goods connected in the course of trade with the owner or licensee if, as to those goods or a bulk of which they form part,—


the owner or licensee has applied the trade mark and has not later removed or obliterated it; or


the owner or licensee has consented to the use of the trade mark.

Section 97: replaced, on 16 September 2011, by section 15 of the Trade Marks Amendment Act 2011 (2011 No 71).