(ii) that the proprietor shall make such other disclaimer as the tribunal may consider necessary for the purpose 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. 16. (1) (2) A trade mark may 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 shall be taken into consideration by any tribunal having to decide on the distinctive character of the trade mark.; If and so far as a trade mark is registered without limitation of colour, it shall be taken to be registered for all colours. Procedure for and duration of registration 17. (1) (2) 18. (1) Any person proposing to apply for he registration of a trade mark in Part A or Part B of the register may, if he son desires, apply to the Registrar in the prescribed manner for advice as to whether he trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be; and the Registrar shall have power to give he advice asked for in the application. If an application for the registration of a trade mark as to which the Registrar has given advice under this section in the affirmative is made within three months after the giving of the advice, and the registrar, after further investigation or consideration, gives to the applicant under section 18 of this Act notice of his objection to the acceptance of the application on the ground that the trade mark is not adapted to distinguish or not capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application. Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or in Part B of the register. (2) Subject to the provisions of this Act, the Registrar may refuse the application, or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think right. (3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if he applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with he application accordingly. (4) In the case of a refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the court. (5) An appeal under this section shall be made in the prescribed manner, and on the appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted. (6) Appeals under this section shall be heard on the materials stated by the Registrar in pursuance of subsection (4) of this section, and no further grounds of objection to he acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated by him, except by leave of he court; and if any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of cost on giving such notice as may be prescribed.

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