IP/N/l/SWZ/T/l
Page 8
PART IV
REQUIREMENTS FOR REGISTRATION
Distinctiveness.
17.
(1) In order for a trade mark to be registrable it shall be of a distinctive character.
(2) For the purpose of subsection (1) a trade mark shall be deemed to be of a distinctive
character if it is capable, in relation to the goods or services in respect of which it is registered
or proposed to be registered, of distinguishing goods or services with which its proprietor is
or may be connected in the course of trade or business from goods or services in the case of
which no such connectjon 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 re
gistration.
(3) In determining under subsection (2) whether a trade mark is capable of distinguish
ing the goods or services in question regard shall be had to the extent to which
(a) the trade mark is inherently "capable of distinguishing such goods or services;
(b) by reason of the use of the trade mark or of any other circumstances, the trade
mark is, in fact, capable of distinguishing such goods or services.
Effect of limitation or absence of colour.
18. (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 in deciding
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 fOT all colours.
Disclaimer.
19. If a trade mark contains matter common to the trade or otherwise of a non-distinctive
character, in deciding whether the trade mark shall be registered or, if already registered, shall
remain on the Register, it may be required as a condition of its being registered or remaining
on the Register -
(a) that the applicant or the proprietor shall disclaim any right to the exclusive use
of any part -of the trade mark, Of to the exclusive 118e of all or any portion of
such trade mark as aforesaid, to the exclusive use of which he is not entitled; or
(b) tbat the applicant or the proprietor shall make such other disclaimer as is
considered necessary for the purposes. of defining his rights under the registra
tion, provided that no disclaimer on the Register shall affect any rights of
the proprietor of a trade mark except such as arise out of the registration of
the trade mark in respect of which the disclaimer is made.
Prohibition of Registration.
20.
The following shall Dot be registrable
(a) trade marks the use of which would be contrary to law or morality or which
would be likely to deceive or cause confusion as to the nature, geographical or
other origin, manufacturing process, characteristics, or suitability for their
purpose, of the goods or services concerned;