Trade Mark legislation lays down a number of rules and conditions that must be satisfied before a trade mark may be registered, If you’re considering registering a trade mark it is important that you are aware of the absolute and relative grounds for refusal as detailed in sections 3 and 5 of the Trade Marks Act 1994.
The purpose of a Trade Mark is to distinguish goods or services between traders and make them identifiable as originating from a particular source.
In order to prevent an owner from unfairly obtaining a monopoly a Trade Mark will be refused registration in some of the following circumstances:
- The mark is descriptive of goods or services.
- The mark consists of customary words.
- The mark is non- distinctive.
- The mark is laudatory.
- The mark may conflict with an earlier registered mark.