In a case in which the trademark is upon the goods or

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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. 36
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Act 17 Trademarks Act 2010 (2) Where— (a) 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, not being used in relation to goods connected in the course of trade with the owner or a registered user of the trademark or in the case of a certification mark goods certified by the owner; or (b) the article or substance was formerly manufactured under a patent, and a period of two years or more after the expiry of the patent has elapsed and the word or words is or are the only practicable name or description of the article or substance, subsection (3) shall have effect. (3) Where the facts mentioned in subsections (2) (a) and (b) are proved with respect to a word or words, then— (a) if the trademark consists solely of that word or those words, the registration of the trademark, so far as regards registration in respect of the article or substance in question or any goods of the same description, shall be taken for the purposes of section 93 to be an entry wrongly remaining on the register; (b)
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