Section 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

2(a) - contains any part

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

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

2(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.

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