(ii)
that the proprietor shall make such other disclaimer as the tribunal may consider necessary
for the purpose defining his rights under the registration:
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.
16.
(1)
(2)
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 by any tribunal having to decide on
the distinctive character of the trade mark.;
If and so far as a trade mark is registered without limitation of colour, it shall be taken to be
registered for all colours.
Procedure for and duration of registration
17.
(1)
(2)
18.
(1)
Any person proposing to apply for he registration of a trade mark in Part A or Part B of the
register may, if he son desires, apply to the Registrar in the prescribed manner for advice as to
whether he trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or
capable of distinguishing, as the case may be; and the Registrar shall have power to give he advice
asked for in the application.
If an application for the registration of a trade mark as to which the Registrar has given advice
under this section in the affirmative is made within three months after the giving of the advice, and
the registrar, after further investigation or consideration, gives to the applicant under section 18 of
this Act notice of his objection to the acceptance of the application on the ground that the trade mark
is not adapted to distinguish or not capable of distinguishing, as the case may be, the applicant shall
be entitled, on giving notice of withdrawal of the application within the prescribed period, to have
repaid to him any fee paid on the filing of the application.
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who
is desirous of registering it must apply in writing to the Registrar in the prescribed manner for
registration either in Part A or in Part B of the register.
(2)
Subject to the provisions of this Act, the Registrar may refuse the application, or may accept it
absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may
think right.
(3)
In the case of an application for registration of a trade mark (other than a certification trade mark)
in Part A of the register, the Registrar may, if he applicant is willing, instead of refusing the
application, treat it as an application for registration in Part B and deal with he application
accordingly.
(4)
In the case of a refusal or conditional acceptance the Registrar shall, if required by the applicant,
state in writing the grounds of his decision and the materials used by him in arriving thereat, and the
decision shall be subject to appeal to the court.
(5)
An appeal under this section shall be made in the prescribed manner, and on the appeal the court
shall, if required, hear the applicant and the Registrar, and shall make an order determining whether,
and subject to what amendments, modifications, conditions or limitations, if any, the application is
to be accepted.
(6)
Appeals under this section shall be heard on the materials stated by the Registrar in pursuance of
subsection (4) of this section, and no further grounds of objection to he acceptance of the application
shall be allowed to be taken by the Registrar, other than those so stated by him, except by leave of he
court; and if any further grounds of objection are taken, the applicant shall be entitled to withdraw
his application without payment of cost on giving such notice as may be prescribed.