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.