The Trade and Merchandise Marks Act,1958
Section 33. Saving for vested rights
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 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 prior-
(a) To the use of the first-mentioned trade mark in relation to those goods by the proprietor or a predecessor-in-title of this; or
(b) To the date of 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 is tire earlier, and the Registrar shall not refuse (on such use being proved) to register the second-mentioned trade mark by reason only of the registration of the first-mentioned trade mark.