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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—
    1. contains any part—
      1. which is not the subject of a separate application by the proprietor for registration as a trade mark; or
      2. which is not separately registered by the proprietor as a trade mark; or
    2. 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.