(1) This section applies if—
(a) a registered trade mark consists of, or contains, a sign that 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; and
(b) it is at least 2 years since the patent has expired or ceased; and
(c) the sign is the only commonly known way to describe or identify the article, substance or service.
(2) If a trade mark consists of the sign referred to in subsection (1), the registered owner—
(a) does not have any exclusive rights to use, or authorise other persons to use, the trade mark in relation to—
(i) the article or substance or other goods of the same description, or
(ii) the service or other services of the same description; and
(b) is taken to have ceased to have those exclusive rights from the end of the period of 2 years after the patent expired or ceased.
(3) If a trade mark contains the sign referred to in subsection (1), the registered owner—
(a) does not have any exclusive rights to use, or authorise other persons to use, the sign in relation to—