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Section 17: Effect of registration of parts of a mark.

The Trade Marks Act, 1999Central Act · Act 47 of 1999

(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.

(2) Notwithstanding anything contained in sub-section (1), when a trade mark--

(a) contains any part--

(i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or

(ii) which is not separately registered by the proprietor as a trade mark; or

(b) contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.

Where this provision sits

ActThe Trade Marks Act, 1999
Section17
Marginal noteEffect of registration of parts of a mark.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

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