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Trade Marks Act 1938

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This is the original version (as it was originally enacted).

7Saving for vested rights

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—

(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 trademark 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 twelve of this Act.

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