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[15] Therefore, it is rightly pointed out by the learned Single Judge that the words "the registration thereof shall not confer any exclusive right" appearing towards the end of Section 17(2) have to be understood in the context and the import of such word is that the registration of the composite mark will not by itself confer any exclusive right as to the part of the composite mark. The registered owner is entitled to protection of its goodwill in such prominent feature as in an action of passing off unless the registered owner seeks to rely of Section 17(2) (b) of the Act in respect of a distinctive matter not common to the trade."

21. This Court is in agreement with the plaintiff's counsel argument that the plaintiff has not suppressed the fact that part of the composite mark, namely, "Academy of Fashion" had been disclaimed. Certified copy of the registration certificates had been filed along with the plaint.

22. In fact, in view of the judgment of this Court in Om Prakash Gupta (supra), plaintiff's trade mark will be limited to the parts of the composite mark which have not been disclaimed.

23. This Court is of the opinion that in view of Section 17(2)(a)(i) of the Act in the present case the trade mark PEARL ACADEMY OF FASHION would be read as PEARL alone as ACADEMY OF FASHION has been disclaimed and the word PEARL is a subject matter of separate registration application.