Act 17 Trademarks Act 2010 (d) in a case in which the trademark is upon the goods or services, the application of any other trademark to the goods or services; and (e) in a case in which the trademark is upon the goods, the addition to the goods or services of any other matter in writing that is likely to injure the reputation of the trademark. (3) In this section, references in relation to goods or services to the owner, a registered user and to the registration of a trademark shall be construed respectively, as references to the owner in whose name the trademark is registered, a registered user who is registered and to the registration of the trademark, in respect of those goods or services and the expression “upon” includes in relation to any goods or services a reference to physical relation to the goods or services. 41. Saving of vested rights. Nothing in this Act shall entitle the owner or a registered user of a registered trademark to interfere with or restrain the use by a person of a trademark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title has continuously used that trademark from a date before— (a) the use of the trademark in relation to those goods or services by the owner or a predecessor in title; or (b) the registration of the trademark in respect of those goods or services in the name of the owner or a predecessor in title, whichever is the earlier or to object on the use being proved to that person being put on the register for that identical or nearly resembling trademark in respect of those goods or services under section 27. 42. Words used as name or description of an article or substance. (1) The registration of a trademark shall not be taken to have become invalid by reason only, of a use, after the date of the registration, of a word or words, which the trademark contains or of which it consists as the name or description of an article or substance. 36