Section 7 Trade Marks Act 1967

Section 7 of the Trade Marks Act 1967 is about Saving for vested rights. It is under ‘Effects of registration and non-registration’ of the Act. It provides as follows:

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 previous to-

(a) 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) the registration of the first-mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his, whichever first occurred, or (where such use is proved) to object to that person being put on the register for that identical or nearly resembling trade mark in respect of those goods under section 13 (2) of this Act.

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