Archived — Disclaimer Practice: Section 34

Publication Date: 1982-10-27

It is the basic practice of the Office to apply Section 34 strictly and to require the entry of disclaimer statements extending to prima facie unregistrable subject matter contained within trade marks that are when considered as a whole, registrable. The requirement for disclaimer cannot be overcome by invoking Section 12(2) or Section 14 of the Act and leading evidence relating to the trade mark as a whole. A requirement for disclaimer can only be overcome by satisfying the Registrar that the subject matter of the proposed disclaimer is independently registrable.

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