Rev. 2009]
Trade Marks
CAP. 506
trade mark or (in the case of a certification trade mark)
goods certified by the proprietor; or
(ii) that the article or substance was formerly manufactured
under a patent, that a period of two years or more after
the cesser of the patent has elapsed and that the word or
words is or are the only practicable name or description
of the article or substance;
(iii) that there is a well-known and established use of the word
or words as the name or description of some activity by
a person providing services which include that activity,
not being used in relation to services with the provision
of which the proprietor or a licensee of the trade mark is
connected in the course of business;
the provisions of subsection (2) shall have effect.
(2) Where the facts mentioned in the proviso to subsection (1)
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 or of the activity in
question, shall be deemed for the purposes of section 35 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, in deciding whether
the trade mark shall 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 or of the activity
in question, 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 or of the activity in question, 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 (i) if the trade mark consists solely of that word or those
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