Chapter II — THE REGISTER AND CONDITIONS FOR REGISTRATION

Section 17Effect of registration of parts of a mark

Section 17: Effect of registration of parts of a mark

17. Effect of registration of parts of a mark

(1)

When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.

(2)

Notwithstanding anything contained in sub-section (1), when a trade mark—

(a)

contains any part—

(i)

which is not the subject of a separate application by the proprietor for registration as a trade mark; or

(ii)

which is not separately registered by the proprietor as a trade mark; or

(b)

contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.