Act 17
Trademarks Act
2010
(2) A trademark relating to services to be registered in Part B of
the register shall be capable, in relation to services in respect of which
it is registered or proposed to be registered, of distinguishing services
with the provision of which the owner of the mark is or may be
connected in the course of business from services with the provision
of which he or she is not so 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 capable of
distinguishing goods or services, the registrar or court may have
regard to the extent to which—
(a) the trademark is inherently capable of distinguishing goods
or services; and
(b) by reason of the use of the trademark or of any other
circumstances, the trademark is in fact capable of
distinguishing goods or services.
(4) A trademark may be registered in Part B notwithstanding any
registration in Part A in the name of the same owner of the same
trademark or a part or parts of the trademark.
11. Publication of application.
(1) Where an application for registration of a trademark has been
accepted absolutely or subject to conditions or limitations, the registrar
shall, as soon as possible, cause the application, to be published in the
prescribed manner for 60 days and the publication shall set forth all
conditions and limitations subject to which the application is accepted.
(2) The registrar may cause an application to be published before
acceptance where—
(a) it is made under section 9 (1)(e); or
(b) it is expedient by reason of exceptional circumstances to
publish.
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