s 28 Acts not amounting to infringement
28.—(1) Despite section 27, a person does not infringe a registered trade mark when —(a) the person uses —(i) the person’s name or the name of the person’s place of business; or (ii) the name of the person’s predecessor in business or the name of the person’s predecessor’s place of business; (b) the person uses a sign to indicate —(i) the kind, quality, quantity, intended purpose, value, geographical origin or 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 to indicate the intended purpose of goods (in particular as accessories or spare parts) or services, and such use is in accordance with honest practices in industrial or commercial matters. (2) Despite section 27, a person does not infringe a registered trade mark by using an unregistered trade mark that is identical with or similar to the registered trade mark in relation to goods or services identical with or similar to those for which the trade mark is registered if the person, or the person and the person’s predecessor in title, have continuously used in the course of trade the unregistered trade mark in relation to those goods or services from a time before —(a) the date of registration of the registered trade mark; or (b) the date the proprietor of the registered trade mark, or a predecessor in title, or a person who was a registered user of the trade mark under the repealed Act, first used the trade mark, whichever is the earlier. (3) Despite section 27, a registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered. (4) Despite section 27, a person who uses a registered trade mark does not infringe the trade mark if such use —(a) constitutes fair use in comparative commercial advertising or promotion; (b) is for a non-commercial purpose; or (c) is for the purpose of news reporting or news commentary.