Act 17 Trademarks Act 2010 (2) Subject to section 26, a trademark relating to services shall not be registered in respect of services or description of services that is identical with or nearly resembles a trademark belonging to a different owner and already on the register in respect of— (a) the same services; (b) the same description of services; or (c) goods or a description of goods which are associated with those services or services of the description. 26. Application for registration of identical or resembling trademarks. (1) Where separate applications are made by different persons to be registered by the owner as a trademark or if in the case of a trademark relating to— (a) goods it contains matter common to the trade or otherwise of a non-distinctive character; or (b) services it contains matter common to the provision of services of that description or otherwise of non-distinctive character, the registrar or the court, in deciding whether the trademark shall be entered or shall remain on the register, may require, as a condition of its being on the register— (i) that the owner shall disclaim any right to the exclusive use of any part of the trademark or to the exclusive use of all or any portion of the matter, to the exclusive use of which the registrar or court holds him or her not to be entitled; or (ii) that he or she shall make such other disclaimer as the registrar or court may consider necessary for the purpose of defining his or her rights under the registration. 23