Chapter II - The Register and Conditions for Registration
Section 17
Section 17: Rights in parts of a composite mark
Registration of a composite mark protects the mark as a whole and does not automatically give exclusive rights in every component.
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Need advice on Section 17?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.
(2) Notwithstanding anything contained in sub-section (1), when a trade mark—
(a) contains any part—
(i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; 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 trade mark so registered.
Rule and business relevance
Subsection (2) limits exclusive claims to parts lacking the stated separate application or registration position, and to common or non-distinctive matter forming only part of the whole.
Limits and related provisions
Do not treat the whole-mark registration as a monopoly in ordinary trade words. Equally, analyse the overall mark rather than ignoring its combination merely because individual components are weak.
Hypothetical business example
Hypothetical example: A registered logo includes a common descriptive word. The owner checks the whole-mark protection and separate component status before alleging an exclusive right in that word alone.
Practical decision flow
Identify the registered mark taken as a whole.
Check separate applications or registrations for claimed components.
Assess whether a component is common to the trade or non-distinctive.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the registered mark taken as a whole.
- Check separate applications or registrations for claimed components.
- Assess whether a component is common to the trade or non-distinctive.
Avoid
- Do not treat the whole-mark registration as a monopoly in ordinary trade words. Equally, analyse the overall mark rather than ignoring its combination merely because individual components are weak.
Glossary
- Composite mark
- A mark consisting of several matters or components.
- Whole-mark protection
- The exclusive right described for the trade mark taken as a whole.
Frequently asked questions
Does every component gain an independent monopoly?
No. Subsection (2) expressly limits that proposition.
Are common trade words relevant?
Yes. Common or non-distinctive matter is specifically addressed.
What should be reviewed before claiming rights in a part?
The whole registration, the part’s separate application or registration status and its distinctiveness.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026