Trade marks registrable in Part B
11.—(1)  A trade mark is registrable in Part B of the register if it is capable, in relation to the goods or services in respect of which it is registered or sought to be registered, of distinguishing goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in respect of which no such connection subsists either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditions or limitations.
(2)  In determining whether a trade mark is capable of distinguishing as aforesaid, the Registrar or the court may have regard to the extent to which —
(a)the trade mark is inherently capable of distinguishing as aforesaid; and
(b)by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distinguishing as aforesaid.
(3)  A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.
[Act 7 of 1991 wef 01/03/1991]