Act 17
Trademarks Act
2010
(9) The registrar or the court may at any time whether before or
after acceptance, correct any error in or in connection with the
application or may permit the applicant to amend his or her
application upon terms as the registrar or the court, may think fit.
Trademark to be for particular goods or services.
(1) A trademark relating to goods or services shall be registered
in respect of particular goods or classes of goods.
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(2) A question arising as to the class within which goods or
services fall shall be determined by the registrar.
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Distinctiveness requisite for registration under Part A.
(1) In order for a trademark other than a certification mark to be
registered in Part A of the register, the trademark shall contain or
consist of at least one of the following essential particulars—
(a) the name of a company, individual or firm, represented in a
special or particular manner;
(b) the signature of the applicant for registration or of some
predecessor in his or her business;
(c) an invented word or invented words;
(d) a word or words having no direct reference to the character or
quality of the goods or services, and not being according to its
ordinary signification, a geographical name or a surname; or
(e) any other distinctive mark, but a name, signature or word or
words, other than words within the descriptions in
paragraphs (a), (b), (c) and (d), shall not be registrable
under this paragraph except upon evidence of its
distinctiveness.
(2) For the purposes of this section, “distinctive” means—
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