Act 17 (2) Where— Trademarks Act 2010 (a) there is a well-known and established use of the word or words as the name or description of the article or substance by a person or persons carrying on a trade, not being used in relation to goods connected in the course of trade with the owner or a registered user of the trademark or in the case of a certification mark goods certified by the owner; or (b) the article or substance was formerly manufactured under a patent, and a period of two years or more after the expiry of the patent has elapsed and the word or words is or are the only practicable name or description of the article or substance, subsection (3) shall have effect. (3) Where the facts mentioned in subsections (2) (a) and (b) are proved with respect to a word or words, then— (a) if the trademark consists solely of that word or those words, the registration of the trademark, so far as regards registration in respect of the article or substance in question or any goods of the same description, shall be taken for the purposes of section 93 to be an entry wrongly remaining on the register; (b) if the trademark contains that word or those words, the registrar or the court, in deciding whether the trademark shall remain on the register, so far as regards registration in respect of the article or substance in question and of goods of the same description, may in case of a decision in favour of its remaining on the register, require that the owner shall disclaim a right to the exclusive use in relation to that article or substance and goods of the same description of that word or those words. (4) A disclaimer under subsection (3)(b) on the register shall not affect rights of the owner of a trademark except the rights in respect of which the disclaimer is made. (5) For the purposes of any other legal proceedings relating to the trademark if— 37