The Absolute and Relative Grounds for Refusal

Michael Coyle
February 14, 2014

Trade Mark legislation lays down a number of rules and conditions that must be satisfied before a trade mark may be registered, If youÂre 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.

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.