Section 15 Trade Marks Act 1967

Section 15 of the Trade Marks Act 1967 is about Disclaimer for purposes of registration. It is under ‘Registrability and validity of registration’ of the Act. It provides as follows:

If a trade mark-
(a) contains any part not separately registered by the proprietor as a trade mark; or

(b) 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 on the register, may require, as a condition of its being on the register-

(i) that the proprietor shall disclaim any right to the exclusive use of any part of
the trade mark, or to the exclusive use of all or any portion of any such matter as aforesaid, to the exclusive use of which the tribunal holds him not to be entitled; or

(ii) that the proprietor shall make such other disclaimer as the tribunal may consider necessary for the purpose of defining his rights under the 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.

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