Act 17 Trademarks Act 2010 (2) Where it is proved that there is a well known and established use of the word or words as the name or description of some activity by a person or persons providing services which include that activity, not being used in relation to services with the provision of which the owner or a registered user of the trademark is connected, in the course of business subsection (2) shall have effect. (3) The facts mentioned in subsection (2) are proved with respect to any word or words, where— (a) the trademark consists solely of that word or those words, the registration of the trademark, so far as regards registration in respect of the activity in question, shall be taken for the purposes of section 4 to be an entry wrongly remaining on the register; (b) the trademark contains that word or those words and other matter, the registrar or the court, in deciding whether the trademark shall remain on the register, so far as regards registration in respect of the activity in question, may, in case of a decision in favour of its remaining on the register, require that the owner shall disclaim any right to the exclusive use in relation to that activity of that word or those words, that no disclaimer on the register shall affect any rights of the owner of a trademark except where the disclaimer arises out of the registration of the trademark in respect of which the disclaimer is made; and (c) for the purposes of any other legal proceedings relating to the trademark if— (i) the trademark consists solely of that word or those words, all rights of the owner whether under the common law or by registration, to the exclusive use of the trademark in relation to the activity in question; or (ii) the trademark contains that word or those words, all rights of the owner to the exclusive use of that word or those words, shall be taken to have ceased on the date at which the use mentioned in subsection (2) first became well known and established. 39