No. 2
Trademarks
11
(b) a matter common to the trade for which trademark is
associated or otherwise of a non- distinctive character,
the Registrar, or the Appeals Tribunal in the event of an appeal
from a decision of the Registrar, in deciding whether the
trademark shall be entered or remain on the Register, may
require, as a condition of its being on the Register, that the
owner__
(i) disclaim any right to the exclusive use of any such part of
the trademark or to the exclusive use of all or any portion of
such trademark; or
(ii) make such other disclaimer as the Registrar or the
Appeals Tribunal may consider necessary for the purposes of
defining the owner’s rights for purposes of registration.
(2) No disclaimer in the Register shall affect any rights of the
owner of a trademark except such rights as may arise out of the
registration of the trademark, in respect of which the disclaimer is
made.
17.__(1) A trademark may be limited in whole or in part, to one
or more specified colours, and in any such case, the fact that there
is a colour limitation shall be taken into consideration by the
Registrar, or by the Appeals Tribunal in the event of an appeal from
a decision of the Registrar, in deciding on the distinctive character
of the trademark.
(2) Where a trademark is registered without limitation of colour,
it shall be deemed to be registered for all colours.
18.__(1) Goods and services shall, for purposes of registration, be
classified in accordance with the Nice Classification as amended
from time to time.
(2) For purposes of this section__
“Nice Classification” means a classification adopted in the
Nice Agreement Concerning the International Classification of
Goods and Services for the purposes of the Registration of Marks
of June 15, 1957, as revised at Stockholm on July, 14 1967 and at
Geneva on May 13, 1977, and as amended at Geneva on
September, 28, 1979.
19.__(1) Where an owner of a trademark claims to be entitled to
the exclusive use of any part thereof separately, he may apply to
register the whole or any such part, as separate trademarks.
(2) Each separate trademark shall satisfy all the conditions, and
have all the qualities of an independent trademark.
Limitation as
to colour and
absence
thereof
Classification
Registration
of parts of
trademarks
and of trade
marks as
series