Section 30 prescribed certain uses will not constitute infringement:
(i) Use in accordance with honest practices in industrial and commercial matters which will not take unfair advantage of or cause detriment to distinctive character or repute of the trademark;
(ii) Use in relation to goods or services indicating character, quality or geographical origin;
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(iii) In relation to services to which the mark has already been applied by the proprietor or registered user the object of the use is to indicate that the services have been performed by the proprietor or registered user.
(iv) Where a trade mark is registered subject to any conditions or limitations, any use of the mark beyond the scope of such conditions or limitations will not constitute infringement.
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Thus if registration is limited to certain territories, any use of the mark outside the territory will not infringe, but such use may lead to passing off.
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The use of the mark in relation to goods to which the mark has been lawfully applied, or where the registered proprietor has consented to the use of the mark this applies to cases where the goods are purchased in bulk and sold in retail applying the mark.
This may not be applicable to goods like medicines of foodstuffs where repacking may affect the quality of the product.
The use of the mark in relation to parts of or accessories to the goods in respect of which the mark is registered if the use is reasonably necessary to indicate that the goods are so adapted. This generally arises in the case of machinery, automobiles, cycles etc. where the parts and accessories are manufactured by different persons;
The use of the marks or a similar mark in the exercise of a right conferred by independent registration this arises where identical or similar marks are registered by more than one person.
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Assignment of the registered trade mark to another person will not affect the right of a person to sell or deal in the goods bearing the mark lawfully purchased by him before assignment. This will not apply when the condition of the goods has been changed and impaired.
