The fact that a trade description is a trade mark, or part of a trade mark, . . . does not prevent it from being a false trade description when applied to any goods, except where the following conditions are satisfied, that is to say—
that it could have been lawfully applied to the goods if this Act had not been passed; and
that on the day this Act is passed the trade mark either is registered under the Trade Marks Act 1938 or is in use to indicate a connection in the course of trade between such goods and the proprietor of the trade mark; and
that the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or , in the case of a registered trade mark, a person licensed to use it; and
that the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on the day this Act is passed.