Trade Descriptions Act 1968

34 Trade marks containing trade descriptions

The fact that a trade description is a trade mark, or part of a trade mark, within the meaning of the [1938 c. 22.] Trade Marks Act 1938 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 a person registered under section 28 of the Trade Marks Act 1938 as a registered user of the trade mark ; 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.