the services and there is also thereon or in relation thereto other matter, being matter
indicating a connection in the course of trade between the proprietor or registered
user and the goods or services, the removal or obliteration, whether wholly or partly,
of the trade mark unless that other matter is wholly removed or obliterated;
(e)
in a case in which the trade mark is upon the goods or in relation to
the services, the application of any other trade mark to the goods or in relation to the
services;
(f)
in a case in which the trade mark is upon the goods or in relation to
the services, the addition to the goods or in relation to the services of any other matter
in writing that is likely to cause injury or prejudice to the reputation of the trade mark.
(3) In this section—
(a)
any reference, in relation to goods or services, to—
(i)
the proprietor shall be construed as a reference to the proprietor in
whose name the trade mark is registered in respect of those goods or services;
(ii)
a registered user shall be construed as a reference to the person who is
the registered user of the trade mark in respect of those goods or services;
(iii)
the registration of a trade mark shall be construed as a reference to the
registration of the trade mark in respect of those goods or services;
(b)
the expression “upon”, when used in relation to any goods, includes a
reference to physical relation thereto.
10
Saving of vested rights
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade
mark to interfere with or restrain the use by any person of a trade mark identical with
or nearly resembling it, in relation to goods or services in relation to which that
person or a predecessor in title of his has continuously used that trade mark from a
date anterior to—
(a)
the use of the first-mentioned trade mark in relation to those goods or
services by the proprietor or a predecessor in title of his; or
(b)
the registration of the first-mentioned trade mark in respect of those
goods or services in the name of the proprietor or a predecessor in title of his;
whichever is the earlier, or, on such use being proved, to object to that person being
registered in the Register for that identical or nearly resembling trade mark in respect
of those goods or services under subsection (2) of section fifteen.
11
Saving of use of name, address or description of goods and of utilitarian
features of distinguishing guise
(1) The registration of a trade mark shall not interfere with—
(a)
any bona fide use by a person of—
(i)
his own name or the name of his place of business; or
(ii)
the name of any of his predecessors in business or the name of any
such predecessor’s place of business; or
the use by any person of any bona fide description of the character or
(b)
quality of his goods or services.
(2) The registration of a distinguishing guise shall not prevent the bona fide use by
any person of any utilitarian or functional feature embodied in that distinguishing
guise.
PART IV
REGISTRABILITY AND VALIDITY OF REGISTRATION
12
Distinctiveness requisite for registration in
Part A
(1) In order to be registrable in Part A of the Register, a trade mark shall contain or
consist of at least one of the following essential particulars—
(a)
the name of a company, individual or firm, represented in a special or
particular manner;
(b)
the signature of the applicant for registration or some predecessor in
his business;