No. 12
Trade and Service Marks
1986
9
(a) the trade or service mark is inherently capable of distinguishing as
aforesaid; and
(b) by reason of the use of the trade or service mark or of any other circumstances, the trade or service mark is. in fact capable of distinguishing as aforesaid.
17.-(1) A trade or service mark shall 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 may be taken into consideration in deciding on the distinctive
character of the trade mark.
(2) If, whenever in any circumstances a trade or service mark is registered without limitation of colour, it shall be deemed to have been
registered for all colours.
Effect of
limitation of
absence of
coulor
18. If a trade or service mark contains a matter or matters common to
Disclaim the trade or it is of a or service non-distinctive character, in
determining whether the trade or service mark should be entered or remain
in the register, it shall be required as a condition of its being on the Register
Disclaimer
(a) that the applicant or the proprietor shall disclaim any right to the
exclusive use of any part of the trade or service mark, or to the
exclusive use of all or any portion of such trade or service mark as
aforesaid to the exclusive use of which he is not entitled; or
(b) that the applicant or the proprietor shall make such other
disclaimer as is considered necessary for the purpose of defining
his rights under the registration, provided that no disclaimer on the
register shall affect any rights of the proprietor of a trade or service
mark except such as arise out of registration of the trade or service
mark in respect of which the disclaimer is made.
19. It is hereby declared that the following cannot be validly registered
for the purpose of this Act(a) trade or service 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;
(b) trade or service marks which consist solely of the shape, configuration or colour of the goods, or the containers thereof;
(c) trade or service marks which are identical with, or imitate the armonial bearings, flags and other emblems, initials, names, or abreviations or initials of name or official sign or hallmark of any state or
of any organisation created by an International Convention, unless
authorized by the competent authority of that state or international organisation; and
(d) trade or service marks which constitute reproductions in whole or
in part, imitations, translations or transcriptions, liable to create
confusion of trade or service marks and business or company names
which are well known in the country and belong to third parties.
prohibition
of registration