Section 26. NO registration of a trade mark shall interfere

26. NO registration of a trade mark shall interfere saving me of me of of for with any bow $de use by a person of his own name or address 01 desorlpdlon that of his place of business, or of the name, or of the of gods. name of the place of business, of any of his predecessors in businws, or the use by any person of any bona$de description of the character or quality of his goods, not being a d~cription that would be likely to be taken as importing any such reference as is mentioned in clause (b) of section 21 or in clause (b) of section 57. saving me of me of of name. address 01 desorlpdlon 27. (1) The registration of a trade mark shall not be name words or used ae deemed to have become invalid by reason only of any descrlptlon of M article use after the date of the registration of any words which Or the trade mark contains or of which it consists `as` the name or description of an article or substance: Provided that, if it is proved either- (a) that there is a well-known and established use of the said words 8s the name or description of the article or substance by a person or persons carrying on a trade therein, not being use in relation to goods oonnected in the course of trade with the proprietor or a registered user of the trade mark or (in the case 19 ||||||TradeAlarks<br>[ACTv | |---|---|---|---|---|---| ||||||case of a certification trade mark) goods| |1<br>1:<br>1<br>g<br>_a_f |1-|---|-|certified by the proprietor*; or<br>_(b)_that the article or substance has been manu-<br>factured under a patent in force at or grant&<br>after the commencement of this section,<br>that a period of two yeam or more after<br>the cesser of the patent has elapsed, and<br>that the said words are the only practicable|| |6|||||name or description of the .article or sub-| ||||||stance,-| |||||$he provisions of sub-section(2)shall apply.|| |r,||||(2)Where the facts mentioned in clause_(a)_or clause|| |I'||||_fb)_of the proviso to sub-section(1)are proved with|| |||||respect to any words, then-|| |||||_(a)_for the purposes of any proceedings under|| ||||||section46-| |||||( i )|( i )if the trade mark consists solely of such| ||||||words, the registration of the trade mark,| ||||||so far asregard^registration in respect of| ||||||$he article or substance in question or of| ||||||any goods of the same description, shall| ||||||be deemed to be an entry wrongly remain-| ||||||ing on the register;| |||||(ii)if the trade mark contains such words and|| ||||||other matter, the tribunal, in deciding| ||||||whether the trade mark shall remain on| |||||.|.<br>the register, so fnrasregards registration| ||||||in respect of the article or substance in| ||||||question and of any goods of thesame des-| ||||||cription, may, in case of a decision' in fav-| ||||||.our of its remLining on the register, require.| ||||||..tis a condition thereof that the proprietor| ||||||shall disclnim any right to the exclusive use| ||||||inrelation to that. article cir substance and| ||||||any goods of the same description, of such| ||||||words, provided that no disclaimer shall| ||||||affect any rights of the proprietor of a| ||||||trade mark except such as arise out of the| ||||||registration of the trade mark in respect of| ||||||which the disclaimer is made;| ||||||(b)for| OF 19401 T ~ a d e Marks . - (b) for the purposes of any other legal proceedings relating to the trade mark,-- such - (i) if the trade mark consists solely of such words, all rights of the yrop~4etor undor this Act or any other law to the excluei~g use of the trade mark in relation to the article or substance in question or to-any goods of the same description, or - (ii) if the trade mark contains suoh words an& other matter, all such rights of the proprietor to the exclusive use of such words," in such relation as aforesaid, shall be deemed t o have ceased on the date at which the use mentioned in clause (a) of the proviso to sub-section (I) first became well-known and established, or a t the expiration of the period of two years mentioned in clause (b) of the said proviso. -