20
CAP. 506
Trade Marks
[Rev. 2009
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 or substance in
question or to any goods of the same description or of
the activity in question; 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 such relation
as aforesaid,
shall be deemed to have ceased on the date at which the use mentioned
in paragraph (i) of the proviso to subsection (1) first became well known
and established, or at the expiration of the period of two years mentioned
in paragraph (ii) of that proviso.
(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 commencement of this Act or thereafter shall, notwithstanding
anything in section 16, be deemed for the purposes of section 35 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 licensee 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 the public
use.
Effect of limitation
as to colour, and of
absence thereof.
19. (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 court or the Registrar having to
decide 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 III - Procedure For And Duration Of Registration
Application for
registration.
20. (1) A person claiming to be the proprietor of a trade mark used
or proposed to be used by him who is desirous of registering it shall
apply in writing to the Registrar in the prescribed manner for registration
either in Part A or in Part B of the register.