IPINIl/GHA/T/l
Page 9
Saving for
vested rights.
7. 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 in relation to which that person or a pre-
decessor in title of his has continuously used that trade mark from a
date anterior(a) to the use of the first-mentioned trade mark in relation
to those goods by the proprietor or a predecessor in title
of his; or
(b) to the registration of the first-mentioned trade mark in
respect of those goods in the name of the proprietor or
a predecessor in title of his;
whichever is the earlier, or to object (on such use being proved) to
that person being put on the register for that identical, or nearly
resembling trade mark in respect of those goods under subsection
(2) of section 12 of this Act.
Saving for
use of name.
address or description
of goods.
8& No registration of a trade mark shall interfere with(a) any bona fide use bv a person of his own name or of the
business, or of the name, or of the
name of his place
name of the place of business, of any of his predecessors
in business; or
(b) the use by any person of any bonafide description of the
character or quality of his goods, not being a description
that would be likely to be taken as importing any such
reference as is mentioned in paragraph (b) of subsection
(2) of section 4, or in paragraph (b) of subsection (4) of
of
section 36, of this Act..
Distinctiveness requisite for registration in
Pan A
9G (1) To be registrable in Part A of the register a trade mark
(other than a certification trade mark) must 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;
(e) an invented word or invented words;
(d) a word or wordshaving no direct reference to the charac-
ter or quality of the goods, and not being according to
its ordinary signification a geographical name or a
surname;
(e) any other distinctive mark;
but a name, signature, or word or words, other than such as fall
within the descriptions in paragraphs (a), (b), (c) and (d) of this
subsection, shall not be registrable under paragraph (e) except upon
evidence of its distinctiveness..