ss 9–12 TRADE MARKS ACT indicating a connection in the course of trade between the proprietor or registered user and the goods or services, the removal or obliteration, whether wholly or partly, of the trade mark unless that other matter is wholly removed or obliterated; (e) in a case in which the trade mark is upon the goods or in relation to the services, the application of any other trade mark to the goods or in relation to the services; (f) in a case in which the trade mark is upon the goods or in relation to the services, the addition to the goods or in relation to the services of any other matter in writing that is likely to cause injury or prejudice to the reputation of the trade mark. (3) In this section— (a) any reference, in relation to goods or services, to— (i) the proprietor shall be construed as a reference to the proprietor in whose name the trade mark is registered in respect of those goods or services; (ii) a registered user shall be construed as a reference to the person who is the registered user of the trade mark in respect of those goods or services; (iii) the registration of a trade mark shall be construed as a reference to the registration of the trade mark in respect of those goods or services; (b) the expression “upon”, when used in relation to any goods, includes a reference to physical relation thereto. 10 Saving of 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 or services in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date anterior to— (a) the use of the first-mentioned trade mark in relation to those goods or services by the proprietor or a predecessor in title of his; or (b) the registration of the first-mentioned trade mark in respect of those goods or services in the name of the proprietor or a predecessor in title of his; whichever is the earlier, or, on such use being proved, to object to that person being registered in the Register for that identical or nearly resembling trade mark in respect of those goods or services under subsection (2) of section fifteen. (b) the use by any person of any bona fide description of the character or quality of his goods or services. (2) The registration of a distinguishing guise shall not prevent the bona fide use by any person of any utilitarian or functional feature embodied in that distinguishing guise. 11 Saving of use of name, address or description of goods and of utilitarian features of distinguishing guise (1) The registration of a trade mark shall not interfere with— (a) any bona fide use by a person of— (i) his own name or the name of his place of business; or (ii) the name of any of his predecessors in business or the name of any such predecessor’s place of business; or [Chapter 26:04] 84