Trade Marks
[CAP. 401
(a) if the trade mark consists solely of that word or those
words, the registration of the trade mark, so far as regards
registration in respect ofthe article or substance in question
or of any goods of the same description, shall be deemed,
for the purposes of section thirty-seven, to be an entry
wrongly remaining on the register;
(b) if the trade mark contains that word or those words and
other matter, the Registrar, or the High Court in the event
of an appeal from a decision of the Registrar, in deciding
whether the trade mark shall remain on the register, so far
as regards registration in respect of the article or substance
in question and of any goods of the same description, may,
in case of a decision in favour of its remaining on the reg
ister, require as a condition thereof that the proprietor shall
disclaim any right to the exclusive use in relation to that
article or substance and any goods of the same description
of that word or those words, so, however, that no disclaimer
on the register shall affect any rights of the proprietor of a
trade mark except such as arise out of the registration of the
trade mark in respect of which the disclaimer is made; and
(c) for the purposes of any other legal proceedings relating to
the trade mark
(i) if the trade mark consists solely of that word or
those words, all rights of the proprietor, whether
under the common law or by registration, to the
exclusive use of the trade mark in relation to the
article or substance in question or to any goods of
the same description; or
(ii) if the trade mark contains that word or those words
and other matter, all such rights of the proprietor to
the exclusive use of that word or those words in
such relation as aforesaid;
shall be deemed to have ceased on the date at which the use
mentioned in paragraph (i) of the proviso to subsection (1)
first became well known and established or at the expira
tion of the period of two years mentioned in paragraph (ii)
of that proviso.
(3) No word which is the commonly used and accepted name of
any single chemical element or single chemical compound, as dis
tinguished from a mixture, shall be registered as a trade mark in
respect of a chemical substance or preparation, and any such regis
tration in force at the commencement of this Act or thereafter shall,
notwithstanding anything in section eighteen, be deemed, for the
purposes of section thirty-seven, to be an entry made in the register
without sufficient cause, or an entry wrongly remaining on the regis
ter, as the circumstances may require:
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