Section 33Part 4 — EFFECTS OF REGISTRATION OF TRADE MARK
Registration subject to disclaimer or limitation
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33. (1) An applicant for registration of a trade mark, or the proprietor of a registered trade mark, may —
disclaim any right to the exclusive use of any specified element of the trade mark; or
agree that the rights conferred by the registration shall be subject to a specified territorial or other limitation, and where the registration of a trade mark is subject to a disclaimer or limitation, the rights conferred by section 29 are restricted accordingly.
The proprietor of a registered trade mark may disclaim any right to the exclusive use of any part of the trade mark.
The Registrar or the Court, as the case may be, may, as a condition of the registration of a trade mark not being revoked and where considered feasible, require the proprietor of the trade mark to disclaim any right to the exclusive use of a word or other item in relation to any goods or services.
Where, in determining whether a trade mark is to be registered or is to remain on the Register, the Registrar or the Court forms the view that there are public interest reasons for doing so, the Registrar or the Court, as the case may be, may require, as a condition of the trade mark being on the Register, that the proprietor either —
disclaims any right to the exclusive use of any part of the trade mark; or
makes any other disclaimer considered necessary for the purpose of defining the proprietor’s rights under the registration.
Any disclaimer made under subsections (2), (3) or (4) shall affect only those rights of the proprietor of the trade mark that arise out of the registration of the trade mark. Section 34 Trade Marks Law, 2016 Page 22 Law 31 of 2016 c