PART 12
INFRINGEMENT OF TRADE MARKS
104. Infringement of trade mark
-
(1) A person infringes a registered trade mark if the person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered.
-
(2) Subject to subsection (3) a person infringes a registered trade mark if the person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to—
-
(a) goods of the same description as that of registered goods;
-
(b) services that are closely related to registered goods; or
-
(c) services of the same description as that of registered services; or
-
(d) goods that are closely related to registered services.
-
(3) A person is not taken to have infringed the trade mark if the person establishes that his or her use of the sign as in subsection (2)(a), (2)(b), (2)(c) or (2)(d) of is not likely to deceive or cause confusion.
-
(4) A person infringes a registered trade mark if—
-
(a) the trade mark is well known in Saint Lucia; and
-
(b) the person uses as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in relation to—
-
(i) unrelated goods,
-
(ii) unrelated services; and
-
(c) because the trade mark is well known, the sign would be likely to be taken as indicating a connection between the unrelated goods or services and the registered owner of the trade mark; and
-
(d) for that reason, the interests of the registered owner are likely to be adversely affected.
-
(4) In deciding, for the purposes of subsection (3)(a), whether a trade mark is well known in Saint Lucia, one shall take account of the extent to which the trade mark is known within the relevant sector of the public, whether as a result of the promotion of the trade mark or for any other reason.
-
(5) In this section—
“registered goods” means goods in respect of which a trade mark is registered;
“registered services” means services in respect of which a trade mark is registered;
“unrelated goods” means goods that are not of the same description as that of the registered goods or that are not so closely related to the registered services;
“unrelated services” means services that are not of the same description as that of the registered service or that are not so closely related to the registered goods.