IPlNllIGHA/TIl Page 12 (ii) that the proprietor shall make such other disclaimer as the Court or the Registrar (as the case may be) may consider necessary for the purpose of defining his rights under the registration: Provided that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the dis- claimer is made,. 15. (1) Subject to the provisions of this section, the registration Words used of a trade mark shall not be deemed to have become invalid by ~s na~ti~r reason only of any use, after the date of the registration, of a word of~~P n or words which the trade mark contains, or of which it consists, as article or the name or description of an article or substance. substance. , (2) If it is proved that 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 therein, not being use in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) goods certified by the proprietor the provisions of subsection (3) of this section shall have effect. (3) Where the facts mentioned in subsection (2) of this section are proved with respect to any word or words, then(a) if the trade mark consists solely of that word or those words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the, same description, shall be deemed for the purposes of section 32 of this Act to be an entry wrongly remaining on the register: (b) if the trade mark contains that word or those words and other matter, the Court or the Registrar (as the case may be), in deciding whether the trade mark shan remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may in case of a decision in favour of its remaining on the register require as a condition thereof that the proprietor shall disclaim any right to the exclusive use in relation to that article or "substance and any goods of the same description of that word or those words, so, however, that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; and (c) for the purposes of any other legal proceedings relating to the trade mark-