If—
(a) in an action for the infringement of a trade mark registered in respect of particular goods or services, the court finds that the defendant has infringed the trade mark;
(b) the defendant has applied under section 76(3) for an order directing the Registrar to remove the trade mark from the Register in respect of those goods or services; and
(c) the court finds that, because the trade mark has not during a particular period been used in good faith by its registered owner in relation to those goods or services, there are grounds under section 76(4) for so removing the trade mark from the Register,
the court may not grant relief to the plaintiff by way of damages or an account of profits in respect of any infringement of the trade mark that happened during the particular period.