(1) If section 8 or 9 applies in relation to a registered trade mark, the High Court may, on the application of an aggrieved person, but subject to subsection (2) and section 73, order that the Register be rectified by—
(a) cancelling the registration of the trade mark; or
(b) removing or amending any entry in the Register relating to the trademark,
having regard to the effect of section 8 or 9, on the right of the registered owner of the trade mark to use the trade mark, or any sign that is part of the trade mark, in relation to particular goods or services.
(2) If section 8 or 9 applies in relation to a trade mark because the trade mark contains a sign that—
(a) has become generally accepted within the relevant trade as the sign that describes or is the name of an article, substance or service; or
(b) describes or is the name of—
(i) an article or substance that was formerly exploited under a patent, or
(ii) a service that was formerly provided as a patented process,
the High Court may decide not to make an order under subsection (1) and allow the trade mark to remain on the Register in respect of the article or substance or goods of the same description, or the service or services of the same description, or subject to any condition or limitation that the High Court may impose.