74
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Limitation of colours
135.
(1)
A trade mark may be limited in whole or in part to a particular
colour or colours, and in case of any application for the registration of a trade mark
the fact that the trade mark is so limited must be taken into consideration in deciding
whether it is capable of distinguishing.
(2)
If and in so far as a trade mark is registered without limitation of colour,
it is deemed to be registered for all colours.
Disclaimer
136.
If a mark contains matter which is not capable of distinguishing within
the meaning of section 134, the mark may be registered subject to a condition –
(a)
disclaiming any right to the exclusive use of such matter; or
(b)
making such other disclaimer or endorsement as may be deemed
necessary for the purpose of defining the rights under the registration,
except that such disclaimer or endorsement does not affect any other rights of the
applicant in respect of the mark except as arising out of the registration.
Prohibition of registration: objective grounds
137.
A mark is not registrable and cannot be validly registered if -
(a)
it is incapable of distinguishing the goods or services of one person
from those of other persons;
(b)
it is contrary to public order or morality;
(c)
it is inherently deceptive or the use thereof is likely to mislead or deceive
the public or other traders, including as regards the geographical origin
of the goods or services concerned, or their nature or characteristics;
(d)
it consists exclusively of a sign or indication which serves, in trade,
to designate the kind, quality, quantity, intended purpose, value,
geographical origin, or time or mode of production of the goods or
rendering of the services;
(e)
it consists exclusively of a sign or indication which has become
customary in the current language or amongst bona fide traders in
regard to the goods or services concerned;
(f)
it is identical with, or is an imitation of or contains as an element, an
armorial bearing, flag or other emblem of, a name of or abbreviation
or initials of the name of, or official sign or hallmark adopted by, any
State, intergovernmental organisation or organisation created by an
international convention, unless authorised by the competent authority
of that State or organisation;