(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. CHAP PROCEDURE FOR AND DURATION OF REGISTRATION CHAPTER III PROCEDURE FOR AND DURATION OF REGISTRATION