Section 17

17. Effect of registration of parts of a mark.—

(1) When a trademark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trademark taken as a whole.

(2) Notwithstanding anything contained in sub-section (1), when a trademark—

(a) contains any part—

(i) which is not the subject of a separate application by the proprietor for registration as a trademark; or

(ii) which is not separately registered by the proprietor as a trademark; or

(b) 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 trademark so registered.