No. 12 Trade and Service Marks 1986 9 (a) the trade or service mark is inherently capable of distinguishing as aforesaid; and (b) by reason of the use of the trade or service mark or of any other circumstances, the trade or service mark is. in fact capable of distinguishing as aforesaid. 17.-(1) A trade or service mark shall be limited in whole or in part to one or more specified colours, and in any such case the fact that it is so limited may be taken into consideration in deciding on the distinctive character of the trade mark. (2) If, whenever in any circumstances a trade or service mark is registered without limitation of colour, it shall be deemed to have been registered for all colours. Effect of limitation of absence of coulor 18. If a trade or service mark contains a matter or matters common to Disclaim the trade or it is of a or service non-distinctive character, in determining whether the trade or service mark should be entered or remain in the register, it shall be required as a condition of its being on the Register Disclaimer (a) that the applicant or the proprietor shall disclaim any right to the exclusive use of any part of the trade or service mark, or to the exclusive use of all or any portion of such trade or service mark as aforesaid to the exclusive use of which he is not entitled; or (b) that the applicant or the proprietor shall make such other disclaimer as is considered 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 or service mark except such as arise out of registration of the trade or service mark in respect of which the disclaimer is made. 19. It is hereby declared that the following cannot be validly registered for the purpose of this Act(a) trade or service marks the use of which would be contrary to law or morality or which would be likely to deceive or cause confusion as to the nature, geographical or other origin, manufacturing process, characteristics or suitability for their purpose, of the goods or services concerned; (b) trade or service marks which consist solely of the shape, configuration or colour of the goods, or the containers thereof; (c) trade or service marks which are identical with, or imitate the armonial bearings, flags and other emblems, initials, names, or abreviations or initials of name or official sign or hallmark of any state or of any organisation created by an International Convention, unless authorized by the competent authority of that state or international organisation; and (d) trade or service marks which constitute reproductions in whole or in part, imitations, translations or transcriptions, liable to create confusion of trade or service marks and business or company names which are well known in the country and belong to third parties. prohibition of registration