6. Disclaimer required for public interest reasons

Section 71 of the Act states that:

If, in determining whether a trade mark is to be registered or is to remain on the register, the Commissioner or the Court considers that there are public interest reasons for doing so, the Commissioner or the Court may require, as a condition of its being on the register, that the owner –

(b) makes any other disclaimer that the Commissioner or the Court considers necessary for the purpose of defining the owner’s rights under the registration.

Therefore, where a mark is under examination or registered and the question of registrability is under consideration, the Commissioner or the Court (as the case may be) may require the applicant or owner of the mark to enter a disclaimer in relation to the mark if it is considered that there are public interests for doing so.