74 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 Limitation of colours 135. (1) A trade mark may be limited in whole or in part to a particular colour or colours, and in case of any application for the registration of a trade mark the fact that the trade mark is so limited must be taken into consideration in deciding whether it is capable of distinguishing. (2) If and in so far as a trade mark is registered without limitation of colour, it is deemed to be registered for all colours. Disclaimer 136. If a mark contains matter which is not capable of distinguishing within the meaning of section 134, the mark may be registered subject to a condition – (a) disclaiming any right to the exclusive use of such matter; or (b) making such other disclaimer or endorsement as may be deemed necessary for the purpose of defining the rights under the registration, except that such disclaimer or endorsement does not affect any other rights of the applicant in respect of the mark except as arising out of the registration. Prohibition of registration: objective grounds 137. A mark is not registrable and cannot be validly registered if - (a) it is incapable of distinguishing the goods or services of one person from those of other persons; (b) it is contrary to public order or morality; (c) it is inherently deceptive or the use thereof is likely to mislead or deceive the public or other traders, including as regards the geographical origin of the goods or services concerned, or their nature or characteristics; (d) it consists exclusively of a sign or indication which serves, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or time or mode of production of the goods or rendering of the services; (e) it consists exclusively of a sign or indication which has become customary in the current language or amongst bona fide traders in regard to the goods or services concerned; (f) it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem of, a name of or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organisation or organisation created by an international convention, unless authorised by the competent authority of that State or organisation;