CHAPTER II.-CONDITIONS AND RESTRICTIONS FOR

REGISTRATION OF LETTERS AND NUMERALS

98. Definitions.- For the purposes of this Chapter, unless there is anything repugnant in the subject or context,-

(a)        “balanced numeral” means a trade mark consisting of either identical numerals or identical letters of not less than three nor more than seven digits;

(b)        “digit” includes a single letter; and

(c)        “letter fraction” means a fraction containing one or more letters.

99. Non-registrability of certain marks.- (1) Subject to sub-rule (2), in respect of textile goods the following marks shall not be capable of registration, namely:-

(a)        Any numeral of one digit or of more than six digits not being a balanced numeral;

(b)        a single letter or any combination of letters of more than six letters not being a

balanced numeral;

(c)        any combination of numerals and letters of more than eight digits;

(d)        any fraction or letter fraction consisting of more than eight digits together;

(e)        any fraction or letter fraction having less than three digit together;

(f)         any combination of numerals and fractions of more than six digits;

(g)        any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in the numerator or in the denominator;

(h)        numerals or letters representing cloth dimensions; and

(i)         a balanced numeral which does not consist of at least two or two less digits than a balanced numeral of the same series already registered in the name of a different person in respect of the same goods or description of goods;

(2) A trade mark shall not be refused registration by virtue of the provisions of sub-rule (1) if, before the date of application for registration, it has, in fact, acquired distinctive character as a result of the use made of it.

100. Marks likely to deceive or to cause confusion.- (1) A trade mark consisting of numerals, letters, fractions, letter fractions, or any combination thereof, and not being a balanced numeral, shall not be capable of being registered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods as follows namely:-

(a)        In the case of numerals not exceeding four digits, in at least one corresponding digit;

(b)        in the case of numeral of five digits, in at least two corresponding digits;

(c)        in the case of numeral of six digits, in at least three corresponding digits;

(d)        in the case of a combination of two letters, in at least one corresponding letter;

(e)        in the case of combination of three or four letters, in at least two  corresponding letters;

(f)         in the case of a combination of five or six letters, in at least three corresponding letters;

(g)        in the case of a mark consisting of one letter and one numeral digit, in at least one of them;

(h)        in the case of mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digit;

(i)         in the case of mark consisting of one letter and four or more numeral digits, in at least two corresponding digits;

(j)         in the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit;

(k)        in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator;

(l)         in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at least one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator;

(m)       in the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit; and

(n)        in the case of a combination of letters, numerals, and fraction (including letter fraction):-

(i)         where the total number of digits excluding the fraction is not more than three, in at least one corresponding digit; and

(ii)        where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.

(2) Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.