11. Trade marks registrable in Part B
Feedback & supportLast amended by an amending law of 1991.
A trade mark is registrable in Part B of the register if it is capable, in relation to the goods or services in respect of which it is registered or sought to be registered, of distinguishing goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in respect of which no such connection subsists either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditions or limitations.
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;
In determining whether a trade mark is capable of distinguishing as aforesaid, the Registrar or the court may have regard to the extent to which —
Registrar
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;
the trade mark is inherently capable of distinguishing as aforesaid; and
by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distinguishing as aforesaid.
A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.