18 CAP. 506 Trade Marks [Rev. 2009 (b) the trade mark offends against section 14. (2) Nothing in subsection (1) of section 8 shall be construed as making applicable to a trade mark, being a trade mark registered in Part B of the register, the foregoing provisions of this section relating to a trade mark registered in Part A of the register. Registration subject to disclaimer. 5 of 1994, s. 11. 17. If a trade mark (a) contains any part not separately registered by the proprietor as a trade mark; or (b) contains matter common to the trade or to the provision of services of that description or otherwise of a non-distinctive character, the Registrar or the court, in deciding whether the trade mark shall be entered or shall remain on the register, may require, as a condition of its being on the register (i) that the proprietor shall disclaim any right to the exclusive use of any part of the trade mark, or to the exclusive use of all or any portion of any such matter, to the exclusive use of which the tribunal holds him not to be entitled; or (ii) that the proprietor shall make such other disclaimer as the tribunal may consider necessary for the purpose of defining his rights under the registration: Provided that no disclaimer on the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made. Words used as name or description of an article or substance. 5 of 1994, s.12, 7 of 2007. 18. (1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use, after the date of the registration, of a word or words which the trade mark contains, or of which it consists, as the name or description of an article or substance or of some activity: Provided that, if it is proved either (i) that there is a well-known and established use of the word or words as the name or description of the article or substance by a person or persons carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor or a licensee of the