https://www.taxtmi.com/caselaws?id=160285 The Registrar may require a disclaimer only where a registered trade mark contains a separately unregistered or non-distinctive element, and the power must be exercised on sound judicial principles for good cause. The disclaimer mechanism limits the proprietor's statutory monopoly without affecting any independent rights outside the Act. On the facts, the word "Shree" was not separately registered and was found incapable of exclusive appropriation; the materials also showed a risk of overbroad proprietary claims. Those considerations justified the disclaimer, and appellate interference was unwarranted absent misdirection or improper exercise of discretion. en-us Fri, 15 Apr 1955 00:00:00 +0530 Tue, 09 Sep 2014 08:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160285 The Registrar may require a disclaimer only where a registered trade mark contains a separately unregistered or non-distinctive element, and the power must be exercised on sound judicial principles for good cause. The disclaimer mechanism limits the proprietor's statutory monopoly without affecting any independent rights outside the Act. On the facts, the word "Shree" was not separately registered and was found incapable of exclusive appropriation; the materials also showed a risk of overbroad proprietary claims. Those considerations justified the disclaimer, and appellate interference was unwarranted absent misdirection or improper exercise of discretion. Case-Laws Companies Law Fri, 15 Apr 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160285