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Page 13
(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 or substance in question or to any goods
of the same description,
(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
or'
.
those words in relation to the article or substance
in question or to any goods of the same descrip..
tion,
shall be deemed to have ceased on the date at which the use men..
tioned in subsection (2) of this section first became wen known and
established,
(4) 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 section 13 of this Act, be deemed for
the purposes of section 32 of this Act to be an entry made .in the
register without sufficient cause, or an entry wrongly remaining
on the register, as the circumstances may require..
(5) Subsection (4) of this section 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 COTI1pound as made by others and in association with a suitable name
or description open to the public use.
16. (1) A trade mark may be limited in whole or in part to Effect of
one or more specified colours, and in any such case the fact that it limitation as
is so limited shall be taken into consideration by the Court or the to d01fur
Registrar (as the case may be) when deciding on the distinctive :bse~ce
character of the trade mark.
thereof.
(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..
17.. (1) Any person claiming to be the proprietor of a trade Application
mark used or proposed to be used by him who is desirous of register- f?f registraing it must apply in writing to the Registrar in the prescribed manner tion..
for registration either in Part A or in Part B of the register"
(2) Subject to this Act, the Registrar may refuse the application, or may accept it absolutely or subject to such amendments,
modifications, conditions or limitations, if any, as he may think
right.