Miscellaneous and supplemental
34Trade 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.