IPlNllIGHA/TIl
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(ii) that the proprietor shall make such other disclaimer
as the Court or the Registrar (as the case may be) may
consider necessary for the purpose of defining his
rights under the registration:
Provided that no disclaimer on the register shall affect any
rights of the proprietor of a trade mark except such as arise out
of the registration of the trade mark in respect of which the dis-
claimer is made,.
15. (1) Subject to the provisions of this section, the registration Words used
of a trade mark shall not be deemed to have become invalid by ~s na~ti~r
reason only of any use, after the date of the registration, of a word of~~P n
or words which the trade mark contains, or of which it consists, as article or
the name or description of an article or substance.
substance.
, (2) If it is proved that there is a well-known and established
use of the word or words as the name or description of the article or
substance by a person or persons carrying on a trade therein, not
being use in relation to goods connected in the course of trade with
the proprietor or a registered user of the trade mark or (in the case
of a certification trade mark) goods certified by the proprietor the
provisions of subsection (3) of this section shall have effect.
(3) Where the facts mentioned in subsection (2) of this section
are proved with respect to any word or words, then(a) if the trade mark consists solely of that word or those
words, the registration of the trade mark, so far as
regards registration in respect of the article or substance in question or of any goods of the, same
description, shall be deemed for the purposes of
section 32 of this Act to be an entry wrongly remaining
on the register:
(b) if the trade mark contains that word or those words and
other matter, the Court or the Registrar (as the case
may be), in deciding whether the trade mark shan
remain on the register, so far as regards registration
in respect of the article or substance in question and
of any goods of the same description, may in case of
a decision in favour of its remaining on the register
require as a condition thereof that the proprietor shall
disclaim any right to the exclusive use in relation to
that article or "substance and any goods of the same
description of that word or those words, so, however,
that no disclaimer on the register shall affect any rights
of the proprietor of a trade mark except such as arise
out of the registration of the trade mark in respect of
which the disclaimer is made; and
(c) for the purposes of any other legal proceedings relating
to the trade mark-