Consumer Information Act, 1978
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Trade marks containing trade descriptions. |
24.—The fact that a trade description is a trade mark, or part of a trade mark, or part of a trade mark, within the meaning of the Trade Marks Act, 1963 , 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, | ||
(b) that on the passing of this Act the trade mark either is registered under the Trade Marks Act, 1963 , or is in use to indicate a connection in the course of trade between such goods and the proprietor of the trade mark, | ||
(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 36 of the Trade Marks Act, 1963 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 passing of this Act. |