Act 17
Trademarks Act
2010
(c) it is no longer to the public advantage that the trademark
should be registered; or
(d) it is necessary for the public advantage that, if the
trademark remains registered, the rules should be varied.
(5) The registrar shall rectify the register or the deposited rules
in such manner as may be necessary to give effect to an order made
under subsection (4)(a).
18. Registration in Part A to be conclusive as to validity after
seven years.
(1) In all legal proceedings relating to a trademark registered in
Part A of the register including applications under section 90, the
original registration in Part A of the register of the trademark shall,
after the expiration of seven years from the date of that registration,
be taken to be valid in all respects, unless—
(a) that registration was obtained by fraud; or
(b) the trademark contravenes section 23(1).
(2) Notwithstanding sections 36 and 37, subsection (1) does not
apply to a trademark registered under Part B of the register.
19. Registration subject to disclaimer.
(1) Where a trademark contains a part that is not separately
registered by the owner as a trademark or if—
(a) in the case of a trademark relating to goods it contains
matter common to the trade or otherwise of a nondistinctive character; or
(b) in the case of a trademark relating to services it contains
matter common to the provision of services of that
description or otherwise of non-distinctive character,
the registrar or the court, in deciding whether that trademark shall be
entered or shall remain on the register, may require, as a condition of
its being on the register—
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