Trade Marks
[CAP. 401
12. Nothing in this Act shall entitle the proprietor or a registered
user of a registered trade mark to interfere with or restrain the use by
any person of a trade mark identical with or nearly resembling it, in
relation to goods, in relation to which that person or a predecessor in
title of his has continuously used that trade mark from a date
anterior
13i
Saving for
vested rights
(a) to the use of the first-mentioned trade mark in relation to
those goods by the proprietor or a predecessor in title of
his; or
(b) to the registration of the first-mentioned trade mark in
respect of those goods in the name of the proprietor or a
predecessor in title of his;
whichever is the earlier, or to object (on such use being proved) to
that person being put on the register for that identical or nearly
resembling trade mark in respect of those goods under subsection (2)
of section seventeen.
13. No registration of a trade mark shan interfere with
(a) any bona fide use by a person of his own name or of the
name of his place of business, or of the name or of the name
of the place of business of any of his predecessors in busi
ness; or
Saving for use
of name.
address or
description of
goods
(b) the use by any person of any bona fide description of the
character or quality of his goods, not being a description
that would be likely to be taken as importing any such
reference as is mentioned in paragraph (b of subsection (1)
of section nine or in paragraph (b of subsection (3) of
section forty-two.
PART IV
REGlSlRABILITY AND VALIDITY OF REGISTRATION
14. (1) In order for a trade mark (other than a certification trade
mark) to be registrable in Part A of the register, it must contain or
consist of at least one of the following essential particulars:
(a) the name of a company, individualor firm, represented in a
special or particular manner;
(b) the signature of the applicant for registration or some pre
decessor in his business;
(c) an invented word or invented words;
(d) a word or words having .no direct reference to the character
or quality of the goods and not being, according to its ordi
nary signification, a geographical name or a surname;
(e) any other distinctive mark, but a name, signature or word
or words, other than such as fall within the descriptions in
Distincti ve
ness requisite
for registration
in Part A