5. Disclaimer as a condition of not revoking registration

Section 70 of the Act states that:

The grounds specified in section 66(1)(c) and (d) of the Act are as follows:

1.  The registration of a trade mark may be revoked on any of the following grounds:

(c) that, in consequence of acts or inactivity of the owner, the trade mark has become a common name in general public use for a product or service in respect of which it is registered:

(d) that –

(i) the article or substance was formerly manufactured under a patent or the service was formerly a patented process; and

(ii) a period of 2 years or more has elapsed since the expiry of the patent; and

(iii) the word is or the words are the only practicable name or description of the article, substance, or service …

Therefore, where an action for revocation of registration of a trade mark has been brought on the ground that a mark has become generic, the Commissioner or the Court (as the case may be) may instead of revoking the registration, require that the owner of the mark disclaim any right to exclusive use of the relevant part of the mark in relation to any goods or services.