IP/NI1IGHA/TI1
Page 10
"
(2) For the purposes of this section '" distinctive" means
adapted, in relation to the goods in respect of which a trade mark
is registered or proposed to be registered, to distinguish goods with
which the proprietor of the trade mark is or may be connected in the
course of trade from goods in the case of which no such connection
subsists, either generally or, where the trade mark is registered or
proposed to be registered subject to limitations, in relation to use
within the extent of the registration.
(3) In determining whether a trade mark is adapted to dis..
tinguish any goods as required by subsection (2) of this section the
Court or the Registrar (as the case may be) may have regard to the
extent to which(a) the trade mark is inherently adapted so to distinguish the
goods; and
(b) by reason of the use of the trade mark or of any other
circumstances, the trade mark is in fact adapted so to'
distinguish the goods.
IOe (1) To be registrable in Part B of the register, a trade mark C:a~abil!ty of
must be capable, in relation to the goods in respect of which it is "~lstmgul.s~t"
.
d or propose
'd to b e registere
.
d ,0·f disti
. goo dsS WIt
wi h mg
registere
istmguis. 1ung
for requisi
regis ... e
which the proprietor of the trade mark is or may be connected in the tration in
course of trade from goods in the case of which no such connection Part B.
subsists, either generally Of, where the trade mark is registered or
proposed to be registered subject to limitations, in relation to use
within the extent of the registration,
(2) In determining whether a trade mark is capable of distinguishing any goods as required by subsection (1) of this section,
the Court or the Registrar (as the case may be) may have regard.
to the extent to which-«
(0) the trade mark is inherently capable of so distinguishing
the goods; and
(b) by reason of the use of the trade mark or of any other
circumstances, the trade mark is in fact capable of so
distinguishing the goods.
(3) A trade mark may be registered in Part B notwithstanding
any registration in Part A in the name of the same proprietor of the
same trade mark or any part or parts thereof.
Prohibition
of registration of
deceptive
and certain
11.. It shall not be lawful to register as a trade mark or part of a
trade mark any matter the use of which would, by reason of its
being likely to deceive or cause confusion or otherwise, be disentitled
to protection in a court of law, or would be contrary to law or
other matter.
morality, or any scandalous design,
Prohibition
of registration of
identical and
resembling
trade
marks.
12" (1) Subject to subsection (2) of this section, no trade mark
shall be registered in respect of any goods or description of goods
that is identical with a trade mark belonging to a different proprietor
and "already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to
be likely to deceive or cause confusion,