20. Disclaimers
Feedback & supportIf a trade mark contains parts not separately registered by the proprietor as trade marks, or if it contains matter common to the trade, or otherwise of a non-distinctive character, the Registrar or the court, in deciding whether the trade mark shall be entered or shall remain upon the register, may require as a condition of its being upon the register that the proprietor shall disclaim any right to the exclusive use of any part or parts of the trade mark, or of all or any portion of such matter, to the exclusive use of which the Registrar or the court holds him not to be entitled, or that he shall make such other disclaimer as the Registrar or the court may consider needful for the purpose of defining his rights under such registration:Provided that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.
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;