The use of a registered trademark, in relation to any goods or services for which it has been registered, by any person other than the registered owner shall require the agreement of the registered owner. The registered owner of a trademark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the trademark by using, without his agreement, the trademark or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered trademark and use in relation to goods and services similar to those for which the trademark has been registered, where confusion may arise in the public.
The rights conferred by registration of a trademark shall not extend to acts in respect of articles which have been put on the market in Anguilla by the registered owner or with his consent.
After an application for registration of a trademark is published and until the registration of the trademark, the applicant has the same privileges and rights as he would have if the trademark had been registered; however, it shall be a valid defense to an action in respect of an act done after the application was published, if the defendant establishes that the trademark could not validly have been registered at the time the act was done.