The Absolute and Relative Grounds for Refusal

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.

If you’d like to know more about this article please send an email to Michael Coyle quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles