Act 17
Trademarks Act
2010
(d) in a case in which the trademark is upon the goods or
services, the application of any other trademark to the
goods or services; and
(e) in a case in which the trademark is upon the goods, the
addition to the goods or services of any other matter in writing
that is likely to injure the reputation of the trademark.
(3) In this section, references in relation to goods or services to
the owner, a registered user and to the registration of a trademark
shall be construed respectively, as references to the owner in whose
name the trademark is registered, a registered user who is registered
and to the registration of the trademark, in respect of those goods or
services and the expression “upon” includes in relation to any goods
or services a reference to physical relation to the goods or services.
41. Saving of vested rights.
Nothing in this Act shall entitle the owner or a registered user of a
registered trademark to interfere with or restrain the use by a person
of a trademark identical with or nearly resembling it in relation to
goods or services in relation to which that person or a predecessor in
title has continuously used that trademark from a date before—
(a) the use of the trademark in relation to those goods or
services by the owner or a predecessor in title; or
(b) the registration of the trademark in respect of those goods
or services in the name of the owner or a predecessor in
title, whichever is the earlier or to object on the use being
proved to that person being put on the register for that
identical or nearly resembling trademark in respect of those
goods or services under section 27.
42. Words used as name or description of an article or substance.
(1) The registration of a trademark shall not be taken to have
become invalid by reason only, of a use, after the date of the
registration, of a word or words, which the trademark contains or of
which it consists as the name or description of an article or substance.
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