38. Operation of Act not to affect registrability or registration of trade marks

Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 —

prevents an applicant for registration of a trade mark from stating, for the purpose of section 5(2)(e)(ii) of the Trade Marks Act 1998, that the applicant has a bona fide intention to use the trade mark in the course of trade, by the applicant or with the applicant’s consent, in relation to any goods or services in respect of which the applicant seeks to register the trade mark;

prevents the registration of a trade mark under the Trade Marks Act 1998;

prevents a trade mark mentioned in paragraph (a) of the definition of “earlier trade mark” in section 2(1) of the Trade Marks Act 1998 from being taken into account, for the purpose of section 8(11) of that Act, in determining the registrability of a later mark; or

is a ground to revoke the registration of a trade mark under section 22 of the Trade Marks Act 1998, or to declare the registration of a trade mark invalid under section 23 of that Act.