mark in respect of which the disclaimer is made;
(c)
for the purposes of any other legal proceedings relating to the trade
mark—
(i)
if the trade mark consists solely of that word or those words, all rights
of the proprietor, whether under the common law or by registration, to the exclusive
use of the trade mark in relation to the article, substance or service in question or to
any goods or services of the same description; or
(ii)
if the trade mark contains that word or those words and other matter,
all such rights of the proprietor to the exclusive use of that word or those words in
relation to the article, substance or service in question or to any goods or services of
the same description;
shall be deemed to have ceased on the date at which the use mentioned in paragraph
(a) of the proviso to subsection (1) first became well known and established or at the
expiration of the period of two years mentioned in subparagraph (ii) of paragraph (b)
of that proviso, as the case may be.
(3) No word which is the commonly used and accepted name of any single chemical
element or single chemical compound, as distinguished from a mixture, shall be
registered as a trade mark in respect of a chemical substance or preparation, and any
such registration in force at the appointed day or thereafter shall, notwithstanding
anything in section sixteen, be deemed, for the purposes of section thirty-seven, to be
an entry made in the Register without sufficient cause or an entry wrongly remaining
on the Register, as the circumstances may require:
Provided that this subsection shall not have effect in relation to a word which is used
to denote only a brand or make of the element or compound as made by the proprietor
or a registered user of the trade mark, as distinguished from the element or compound
as made by others, and in association with a suitable name or description open to
public use.
20
Effect of limitation as to colour and of absence thereof
(1) A trade mark may be limited in whole or in part to one or more specified colours,
and in any such case the fact that it is so limited shall be taken into consideration by
the Registrar in deciding on the distinctive character of the trade mark.
(2) If and so far as a trade mark is registered without limitation of colour, it shall be
deemed to be registered for all colours.
PART V
PROCEDURE FOR, AND DURATION OF, REGISTRATION IN PART A OR
PART B
21
Application for registration in Part A or Part B
(1) Any person who—
(a)
claims to be the proprietor of a trade mark used or proposed to be used
by him; and
(b)
is desirous of registering that trade mark; shall apply in writing to the
Registrar in the prescribed manner for registration in Part A or Part B, as the case
may be, of the Register.
(2) Subject to this Act, the Registrar, on receipt of an application in terms of
subsection (1), may—
(a)
refuse the application; or
(b)
accept the application absolutely or subject to such amendments,
modifications, conditions or limitations, if any, as he may think fit.
(3) In the case of an application for registration of a trade mark in Part A of the
Register, the Registrar may, if the applicant is willing, instead of refusing the
application, treat it as an application for registration in Part B of the Register and deal
with the application accordingly.
(4) In the case of a refusal or conditional acceptance of an application for registration,
the Registrar shall, if required by the applicant, state in writing the grounds of his
decision and the materials used by him in arriving thereat, and the decision of the