Trade Marks
16 CAP. 401]
Registration
subject to dis
claimer
19. If a trade mark
(a)
contains any part not separately registered by the proprietor
as a trade mark; or
(b) contains matter common to the trade or otherwise of a non
distinctive character;
the Registrar, or the High Court in the event of an appeal from a deci
sion of the Registrar, in deciding whether the trade mark shall be
entered or shall remain on the register, may require as a condition of
its being on the register
(i) that the proprietor shall disclaim any right to the exclusive
use of any part of the trade mark or to the exclusive use of
all or any portion of such trade mark as aforesaid, to the
exclusive use of which the Registrar or the High Court
holds him not to be entitled; or
(ii) that the proprietor shall make such other disclaimer as the
Registrar or the High Court may consider necessary for the
purposes of defining his rights under the registrations:
Provided that no disclaimer on the register shall affect any rights
of the proprietor of a trade mark except such as arise out of the reg
istration of the trade mark in respect of which the disclaimer is made.
Words used as
name or
description of
an article or
substance
20. (I) The registration of a trade mark shall not be deemed to
have become invalid by reason only of any use, after the date of
the registration, of a word or words which the trade mark contains,
or of which it consists, as the name or description of an article or
substance:
Provided that, if it is proved either
(i) that there is a well-known and established use of the word
or words as the name or description of the article or sub
stance by a person or persons carrying on a trade therein,
not being use in relation to goods connected in the course
of trade with the proprietor or a registered user of the trade
mark or (in the case of a certification trade mark) goods
certified by the proprietor; or
(ii ) that the article or substance was formerly manufactured
under a patent, that a period of two years or more after the
cesser of the patent has elapsed, and that the word or words
is or are theonly practicable name or description of the arti
de or substance;
the provisions of subsection (2) shall have effect.
(2) Where the facts mentioned in paragraph (i) O[ (ii) of the pro
viso 10 subsection ( I) are proved with respect to any word or words,
then