THE TRADE AND SERVICE MARKS ACT, 1986 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section 1. 2. Title Short title and Commencement. Interpretation PART II ADMINISTRATION, THE REGISTER, POWERS AND FUNCTIONS OF THE REGISTRAR AND OTHER PROVISIONS RELATING TO THE COLLECTION OF FEES 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Establishment of the Trade and Service Marks Office. Officers of the Trade and Service Marks Office. Seal of the Registrar of Trade and Service Marks. Register of the Trade and Service Marks. Evidence. Hearing before exercise of discretion. Proceedings before a Registrar. Oaths and affirmations. Power to award Costs. Fees. Trade and Service Marks Journal. PART III ACQUISITION OF THE EXCLUSIVE RIGHT TO A TRADE OR SERVICE MARK AND CLASSIFICATION 14. 15. Acquisition of the Exclusive right. Classification. PART IV REGISTRABILITY REQUIREMENTS 16. 17. 18. 19. 20. Distinctiveness. Effect of limitation or absence of Colour. Disclaimer. Prohibition of registration. Prohibition of registration of identical or resembling trade and service marks. 1