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What is Section 17 in the Trademark Act, 1999 about? Are there any provisions and rules under the Trademark Act for a disclaimer?

Submitted by LegalWizin on Wed, 11/13/2019 - 10:07

Section 17 of the Trade Marks Act, 1999 talks about composite marks and how a proprietor can claim exclusive rights over the whole mark and not just some parts.

A "composite" mark may consist of a word or words combined with a design or designs; it may consist solely of words, when there are separable word elements; or it may consist solely of separable design elements. We see this mainly in brands that include logo and brand together, for example coco-cola, levis etc.

Now, when it comes to registration of such marks, the proprietor needs to apply for separate trademark registration for each of the distinct feature that is an essential part of the mark. If this is not done, disregarding the fact that the trademark is registered the owner would not be allowed to claim his exclusive rights over the distinct part of trademark, but that trademark as a whole. Hence, it would be governed by section 15 and 17 of the Trade Marks Act, 1999.

To be more precise and for example, if Cadbury does not take separate trademarks for the colour it claims and the word Cadbury written in a specific font style, then it can claim statutory right when someone infringes the whole mark. In such a case if the specific shade of purple colour is not claimed and registered separately, any one can use that shade.

As such there are no defined rules for declaimer in the Indian trademark law, but the USPTO has specified rules regarding disclaimer.