18
CAP. 506
Trade Marks
[Rev. 2009
(b) the trade mark offends against section 14.
(2) Nothing in subsection (1) of section 8 shall be construed as
making applicable to a trade mark, being a trade mark registered in Part
B of the register, the foregoing provisions of this section relating to a
trade mark registered in Part A of the register.
Registration subject
to disclaimer.
5 of 1994, s. 11.
17. If a trade mark (a) contains any part not separately registered by the proprietor
as a trade mark; or
(b) contains matter common to the trade or to the provision of
services of that description or otherwise of a non-distinctive
character,
the Registrar or the court, in deciding whether the trade mark shall be
entered or shall remain on the register, may require, as a condition of
its being on the register
(i) that the proprietor shall disclaim any right to the exclusive
use of any part of the trade mark, or to the exclusive use of
all or any portion of any such matter, to the exclusive use
of which the tribunal holds him not to be entitled; or
(ii) that the proprietor shall make such other disclaimer as
the tribunal may consider necessary for the purpose of
defining his rights under the registration:
Provided that no disclaimer on the register shall affect any rights of
the proprietor of a trade mark except such as arise out of the registration
of the trade mark in respect of which the disclaimer is made.
Words used as name
or description of an
article or substance.
5 of 1994, s.12,
7 of 2007.
18. (1) The registration of a trade mark shall not be deemed to
have become invalid by reason only of any use, after the date of the
registration, of a word or words which the trade mark contains, or of
which it consists, as the name or description of an article or substance
or of some activity:
Provided that, if it is proved either (i) that there is a well-known and established use of the
word or words as the name or description of the article
or substance by a person or persons carrying on a trade
therein, not being use in relation to goods connected in
the course of trade with the proprietor or a licensee of the