section 17
Effect of registration of parts of a mark.
The Trade Marks Act, 1999Corporate1999169 sections13 chapters
Chapter II THE REGISTER AND CONDITIONS FOR REGISTRATION
Statutory text
- (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.
- (a) contains any part--
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