Section 17 of Trademark Act, 1999: Effect of registration of parts of a mark.

  • June 12, 2021

Section 17 of Trademark Act, 1999:

Effect of registration of parts of a mark.

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.
The Trade Marks ACT, 1999

 

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