s 8 Trade marks containing trade descriptions
8. A trade description which is or is part of a trade mark within the meaning of the Trade Marks Act 1998 may be a false trade description when applied to any goods, except where all of the following conditions are satisfied:(a) it could have been lawfully applied to the goods if this Act had not been passed; (b) on 1 August 1975 the trade mark either is registered under the Trade Marks Act 1998 or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; (c) the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or a registered user of the trade mark under the Trade Marks Act 1998; (d) the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on 1 August 1975.