2 notwithstanding sections 36 and 37 subsection 1

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(2) Notwithstanding sections 36 and 37, subsection (1) does not apply to a trademark registered under Part B of the register. 19. Registration subject to disclaimer. (1) Where a trademark contains a part that is not separately registered by the owner as a trademark or if— (a) in the case of a trademark relating to goods it contains matter common to the trade or otherwise of a non- distinctive character; or (b) in the case of a trademark relating to services it contains matter common to the provision of services of that description or otherwise of non-distinctive character, the registrar or the court, in deciding whether that trademark shall be entered or shall remain on the register, may require, as a condition of its being on the register— 19
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Act 17 Trademarks Act 2010 (i) that the owner shall disclaim any right to the exclusive use of any part of the trademark or to the exclusive use of all or a portion of any such matter, to the exclusive use of which the registrar or court holds him or her not to be entitled; or (ii) that he or she shall make such other disclaimer as the registrar or court may consider necessary for the purpose of defining his or her rights under that registration. (2) A disclaimer on the register shall not affect rights of the owner of a trademark except where the disclaimer arises out of the registration of the trademark in respect of which the disclaimer is made. 20. Registration of jointly owned trademarks. (1) Where the relation between two or more persons interested in a trademark is that none of them is entitled to use the mark except— (a) on behalf of both or all of them; or (b) in relation to an article with which both or all of them are connected in the course of trade, those persons may be registered as joint owners of the trademark and this Act shall have effect in relation to any rights to the use of the trademark vested in those persons as if those rights had been vested in a single person. (2) Subject to subsection (1), nothing in this Act shall authorise the registration of two or more persons who use a trademark independently or propose to so use it, as joint owners. 21. Duration and renewal of registration. (1) The registration of a trademark shall be for a period of seven years and shall be renewable every ten years upon payment of a prescribed fee. 20
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Act 17 Trademarks Act 2010 (2) The registrar shall, on application made by the registered owner of a trademark in the prescribed manner and within the prescribed period, renew the registration of the trademark. 22. Procedure on expiry of period of registration. (1) At the prescribed time before the expiration of the initial registration of a trademark, the registrar shall send the registered owner notice of the date of expiration of the trademark, the conditions as to payment of the prescribed fees and otherwise for renewal of registration.
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