Act 17
Trademarks Act
2010
(a) in the case of a trademark relating to goods, adapted in
relation to the goods in respect of which the trademark is
registered or proposed to be registered, to distinguish goods
with which the owner of the trademark is or may be
connected, in the course of trade, from goods in the case of
which no connection subsists; or
(b) in the case of a trademark relating to services, adapted in relation
to services in respect of which the trademark is registered or
proposed to be registered, to distinguish services with which
the owner of the trademark is or may be connected in the course
of trade, from services with the provision of which he or she is
not connected, generally or, where the trademark is registered
or proposed to be registered subject to limitations, in relation to
use within the extent of the registration.
(3) In determining whether a trademark is adapted to distinguish
as goods or services, the registrar or the court may have regard to the
extent to which—
(a) the trademark is inherently adapted to distinguish goods or
services; and
(b) by reason of the use of the trademark or of any other
circumstances, the trademark is in fact adapted to
distinguish goods or services.
10. Capability of distinguishing requisite for registration under
Part B.
(1) A trademark relating to goods to be registered in Part B of
the register shall be capable, in relation to the goods in respect of
which it is registered or proposed to be registered, of distinguishing
goods with which the owner of the trademark is or may be connected
in the course of trade from goods in the case where no connection
subsists, generally or, where the trademark is registered or proposed
to be registered subject to limitations, in relation to the use within the
extent of the registration.
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