Industrial and Commercial Property (Protection) Act, 1927

Disclaimer of non-distinctive elements.

92.—If a trade mark in respect of which an application is made to enter or which has been entered in Part A of the register 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 controller or the Minister or the court, in deciding whether such trade mark shall be entered or shall remain upon that Part of the register, may require, as a condition of its being upon that Part of the register, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trade mark, or of all or any portion of such matter, to the exclusive use of which they hold him not to be entitled, or that he shall make such other disclaimer as they may consider needful for the purpose of defining his rights under such registration: Provided always that no disclaimer upon 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.