(1) This section applies to a registered trade mark if the registered owner, or an authorised user of the trade mark having power to do so, has caused to be displayed on goods in respect of which the trade mark is registered, or on their package, or on the container in which they are offered to the public, a notice of prohibition, prohibiting any act that is under subsection (2) a prohibited act in relation to the goods.
(2) Each of the following is a prohibited act—
(a) applying the trade mark to registered goods, or using the trade mark in physical relation to them after the state condition get-up or packaging in which they were originally offered to the public has been altered;
(b) altering or partially removing or obliterating, any representation of the mark applied to registered goods or used in physical relation to them;
(c) if the trade mark has been applied to registered goods, or used in physical relation to them, together with other matter indicating that the registered owner or authorised user has dealt with the goods, removing or obliterating, totally or in part, any representation of the trade mark without totally removing or obliterating the other matter;
(d) applying another trade mark to registered goods or using another trade mark in physical relation to them;
(e) if the trade mark has been applied to registered goods or used in physical relation to them, using on the goods, or on the packaging or container of the goods, any matter that is likely to injure the reputation of the trade mark.
(3) Subject to subsection (4) a person infringes a trade mark to which this section applies if the person—
(a) is the owner of registered goods; and
(b) is in the course of trade, or with a view to dealing with the goods in the course of trade—
(i) does an act that is prohibited under the notice of prohibition, or
(ii) authorises that act to be done.
(4) The trade mark is not infringed if the owner of the goods—
(a) acquired them in good faith and without being aware of the notice of prohibition; or
(b) became the owner of the goods by virtue of a title derived from a person who had so acquired them.
(5) Despite section 104, a person does not infringe a registered trade mark when—
(a) the person uses in good faith—
(i) the person's name or the name of the person's place of business, or
(ii) the name of a predecessor in business of the person of the name of the processor's place of business; or
(b) the person uses a sign in good faith to indicate—
(i) the kind, quality, quantity, intended purpose, value, geographical origin, or some other characteristic, of goods or services, or
(ii) the time of production of goods or of the rendering of services; or
(c) the person uses the trade mark in good faith to indicate the intended purpose of goods or services; or
(d) the person uses the trade mark for the purposes of comparative advertising; or
(e) the person exercises a right to use a trade mark given to the person under this Act; or
(f) the court is of the opinion that the person would obtain registration of the trade mark in his or her name if the person were to apply for it; or
(g) the person, in using a sign referred to in section 104(1), (2) or (3) in a manner referred to in that section, does not, because of a condition or limitation subject to which the trade mark is registered, infringe the exclusive right of the registered owner to use the trade mark.
(6) Despite section 104, if a disclaimer has been registered in respect of a part of a registered trade mark, a person does not infringe the trade mark by using that part of the trade mark.