Miscellaneous and supplemental.

34 Trade marks containing trade descriptions.

The fact that a trade description is a trade mark, or part of a trade mark, F1. . . does not prevent it from being a false trade description when applied to any goods, except where the following conditions are satisfied, that is to say—

a

that it could have been lawfully applied to the goods if this Act had not been passed; and

b

that on the day this Act is passed the trade mark either is registered under the Trade Marks Act 1938 or is in use to indicate a connection in the course of trade between such goods and the proprietor of the trade mark; and

c

that the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or F2, in the case of a registered trade mark, a person licensed to use it; and

d

that the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on the day this Act is passed.