If the trademark contains that word or those words

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if the trademark contains that word or those words, the registrar or the court, in deciding whether the trademark shall remain on the register, so far as regards registration in respect of the article or substance in question and of goods of the same description, may in case of a decision in favour of its remaining on the register, require that the owner shall disclaim a right to the exclusive use in relation to that article or substance and goods of the same description of that word or those words. (4) A disclaimer under subsection (3)(b) on the register shall not affect rights of the owner of a trademark except the rights in respect of which the disclaimer is made. (5) For the purposes of any other legal proceedings relating to the trademark if— 37
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Act 17 Trademarks Act 2010 (a) the trademark consists only of that word or those words referred to in subsection (3), all rights of the common law or by registration, to the exclusive use of the trademark in relation to the article or substance in question or to goods of the same description; or (b) the trademark contains that word or those words and other matter, all rights of the owner to the exclusive use of that word or those words in that relation, shall be taken to have ceased on the date at which the use mentioned in subsection (1) first became well known and established or at the expiration of the period of two years referred to in subsection (2)(b). (6) A word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall not be registered as a trademark in respect of a chemical substance or preparation. (7) The registration of any word referred to in subsection (2) in force at the commencement of this Act or any such registration after the commencement of this Act shall, notwithstanding section 18, be taken for the purposes of section 89 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register as the circumstances may require. (8) Sub-sections (1) to (4) shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the owner or a registered user of the trademark, as distinguished from the element or compound as made by others and in association with a suitable name or description open to the public use. 43. Words used as name or description of an activity. (1) The registration of a trademark relating to services shall not be taken to have become invalid by reason only of any use, after the date of registration, of a word or words, which the trademark contains or of which it consists, as the name or description of some activity. 38
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Act 17 Trademarks Act 2010 (2) Where it is proved that there is a well known and established use of the word or words as the name or description of some activity by a person or persons providing services which include that activity, not being used in relation to services with the provision of
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