29. Exhaustion of rights conferred by registered trade mark

Terms defined in s 2

• dilution

  dilution

  Defined · s 2

  “dilution”, in relation to a trade mark, means the lessening of the capacity of the trade mark to identify and distinguish goods or services, regardless of whether there is —(a)any competition between the proprietor of the trade mark and any other party; or(b)any likelihood of confusion on the part of the public;

  Open s 2
• proprietor

  proprietor

  Defined · s 2

  “proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;

  Open s 2
• trade mark

  trade mark

  Defined · s 2

  “trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;

  Open s 2