(2)Notwithstanding anything contained in sub-section (1), when a trade mark—(a)contains any part—(i)which is not the subject of a separate application by the proprietor for registration as a trade mark; or(ii)which is not separately registered by the proprietor as a trade mark; or(b)contains any matter which is common to the trade or is otherwise of a non-distinctive character,the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.
