TRADE MARKS ACT (ii) be occupied only by either or both of the following— A. matter which is wholly descriptive or does not have the character of a trade mark; or B. an associated trade mark which is registered in respect of one or more of the goods or services in respect of which the trade mark containing the blank space or spaces is proposed to be registered and which is specified by the Registrar. 19 Words used as name or description of an article, substance or service (1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use, after the date of the registration, of a word or words which the trade mark contains or of which it consists, as the name or description of an article, substance or service: Provided that if it is proved— (a) that there is a well known and established use of the word or words as the name or description of the article, substance or service by a person or persons carrying on a trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or, in the case of a certification mark, goods or services certified by the proprietor; or (b) that— (i) the article or substance was formerly manufactured or the service was formerly performed under a patent; and (ii) a period of two years or more after the cesser of the patent has elapsed; and (iii) the word or words is or are the only practicable name or description of the article, substance or service, as the case may be; the provisions of subsection (2) shall have effect. (2) Where the facts mentioned in paragraph (a) or (b) of the proviso to subsection (1) are proved with respect to any word or words, then— (a) if the trade mark consists solely of that word or those words, the registration of the trade mark, so far as regards registration in respect of the article, substance or service in question or of any goods or services of the same description, shall be deemed, for the purposes of section thirty-seven, to be an entry wrongly remaining on the Register; (b) if the trade mark contains that word or those words and other matter, the Registrar, in deciding whether the trade mark shall remain on the Register, so far as regards registration in respect of the article, substance or service in question and of any goods or services of the same description, may, if there is a decision in favour of its remaining on the Register, require, as a condition thereof, that the proprietor shall disclaim any right to the exclusive use in relation to that article, substance or service and any goods or services of the same description of that word or those words: ss 12–15 Provided that no disclaimer on the Register 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; (c) for the purposes of any other legal proceedings relating to the trade mark— (i) if the trade mark consists solely of that word or those words, all rights of the proprietor, 89 [Chapter 26:04]