254CPart B defence—infringement of trade mark (pending application under the repealed Act)

#### 254C Part B defence—infringement of trade mark (pending application under the [Repealed] Act) (1) This section applies if: (a) an application for the registration of a trade mark in Part B of the old register was pending immediately before 1 January 1996; and (b) immediately before 1 January 1996, a person was engaging in conduct that would have constituted an infringement of the mark if the mark had been registered in Part B of the old register before 1 January 1996; and (c) the person has, on or after that day, continuously engaged in, and is engaging in, that conduct; and (d) the mark becomes a registered trade mark under this Act; and (e) that conduct is an infringement of the registered trade mark under this Act. (2) In an action for infringement of the registered trade mark (not being an infringement occurring by reason of an act referred to in section 121), an injunction or other relief must not be granted if the person establishes to the satisfaction of the court that the use of the mark is not likely to: (a) deceive or cause confusion; or (b) be taken as indicating a connection in the course of trade between the goods and/or services in respect of which the trade mark is registered and a person having the right, either as registered owner or as authorised user, to use the trade mark. > Note: For existing registered mark see section 6.