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Section 17 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

17. Effect of registration of parts of a mark.—

 

(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.

 

Comments

 

If a trade mark consists of several matters, its registration shall confer exclusive right on the proprietor to use the trade mark as a whole. But when a trade mark contains any part which is not subject of a separate application or which is not separately registered by the proprietor, or contains any matter which is common to the trade mark 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.

 

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The Trade Marks Act, 1999

 

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