Section 6 Trade Marks Act 1967

Section 6 of the Trade Marks Act 1967 is about Right given by registration in Part B. It is under ‘Effects of registration and non-registration’ of the Act. It provides as follows:

(1) Except as provided by subsection (2) of this section, the registration (whether before or after the commencement of this Act) of a person in Part B of the register as proprietor of a trade mark in respect of any goods, shall, if valid, give or be deemed to have given to that person the like right in relation to those goods as if the registration had been in Part A of the register, and section 5 (2) to (4) of this Act shall apply in relation to a trade mark registered in Part B accordingly.

(2) In any action for infringement of the right to the use of a trade mark given by
such registration as aforesaid in Part B of the register, no injunction or other relief shall be granted to the plaintiff if the defendant establishes to the satisfaction of the court that the use of which the plaintiff complains is not likely to deceive or cause confusion or to lead to the belief in a connection in the course of trade between the goods and some person entitled either as proprietor or as a registered user to use the trade mark.