chapter  15
68 Pages

Registered Trade Marks

Introduction 578

15.1 Trade Marks 579

15.2 Registration of a Mark 586

15.3 The Definition of a Trade Mark 592

15.4 The Absolute Grounds of Refusal 604

15.5 Not a Trade Mark 608

15.6 Non-Distinctive Signs 609

15.7 Descriptive Marks 614

15.8 Customary Marks 620

15.9 The Proviso to Section 3(1)(b)–(d) of the TMA 1994 621

15.10 Shapes 624

15.11 Objectionable and Deceptive Marks 629

15.12 Prohibited Marks 631

15.13 Specially Protected Emblems 631

15.14 Applications Made in Bad Faith 631

15.15 The Relative Grounds of Refusal 636

15.16 The Comparison 638

15.17 Raising the Relative Grounds of Refusal 640

15.18 Honest Concurrent User 641

Trade marks are a source of information. They are the by-product of market enterprise and marketplace competition. Trade marks identify goods and services1 in the same way that names identify individuals and companies, and have the advantage of being able to do so in attractive and internationally recognisable ways. Increasingly, trade marks are used to give products and services a ‘feel’ desirable to consumers in its own right.