b) that up to a date one month before the date of the application,a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that,except where the applicant has been permitted under sub-s.(3) of s.12 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark,the tribunal may refuse an application u/cl.(a) or cl.(b) in relation to any goods,if it is shown that there has been,before the relevent date or during the relevant period,as the case may be,bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description,being goods in respect of which the trade mark is registered