Section 17 of the Trade Marks Act, 1999 – Effect of registration of parts of a mark

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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–
    • (a) contains any part–
      • (i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or
      • (ii) which is not separately registered by the proprietor as a trade mark; or
    • (b) 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.

Source: official text of The Trade Marks Act, 1999 as published on India Code (PDF). All sections of the Trade Marks Act, 1999.

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  2. Section 2 of the Trade Marks Act, 1999 – Definitions and interpretation
  3. Section 11 of the Trade Marks Act, 1999 – Relative grounds for refusal of registration
  4. Section 29 of the Trade Marks Act, 1999 – Infringement of registered trade marks