Owner of the trademark is or may be connected in the

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owner of the trademark is or may be connected in the course of trade, from services with the provision of which he or she is not connected, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) In determining whether a trademark is adapted to distinguish as goods or services, the registrar or the court may have regard to the extent to which— (a) the trademark is inherently adapted to distinguish goods or services; and (b) by reason of the use of the trademark or of any other circumstances, the trademark is in fact adapted to distinguish goods or services. 10. Capability of distinguishing requisite for registration under Part B. (1) A trademark relating to goods to be registered in Part B of the register shall be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the owner of the trademark is or may be connected in the course of trade from goods in the case where no connection subsists, generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to the use within the extent of the registration. 11
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Act 17 Trademarks Act 2010 (2) A trademark relating to services to be registered in Part B of the register shall be capable, in relation to services in respect of which it is registered or proposed to be registered, of distinguishing services with the provision of which the owner of the mark is or may be connected in the course of business from services with the provision of which he or she is not so connected generally or, where the trademark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration. (3) In determining whether a trademark is capable of distinguishing goods or services, the registrar or court may have regard to the extent to which (a) the trademark is inherently capable of distinguishing goods or services; and (b) by reason of the use of the trademark or of any other circumstances, the trademark is in fact capable of distinguishing goods or services. (4) A trademark may be registered in Part B notwithstanding any registration in Part A in the name of the same owner of the same trademark or a part or parts of the trademark. 11. Publication of application. (1) Where an application for registration of a trademark has been accepted absolutely or subject to conditions or limitations, the registrar shall, as soon as possible, cause the application, to be published in the prescribed mann er for 60 days and the publication shall set forth all conditions and limitations subject to which the application is accepted.
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