Effect of registration of a mark –
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.
When a trade mark
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
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.
If a trade mark consists of several matters, its
registration shall confer exclusive right on the proprietor to use the trade
mark as a whole. But when a trade mark
contains any part which is not subject of a separate application or which is
not separately registered by the proprietor, or contains any matter which is
common to the trade mark 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
