ABSTRACT
The TMA 1994 makes radical changes to UK trade mark law and improves the rights of the proprietor of a registered trade mark or his licensee. The Act brings UK trade mark law into line with that of the rest of the European Community, implementing Directive 89/104. The TMA 1994 contains a presumption in favour of registration, and the Registrar no longer enjoys a wide discretion when considering whether to grant or refuse an application, subject to the grounds of refusal in ss 3 and 5. Unlike the TMA 1938, there are no positive requirements that a mark must fulfil other than being capable of graphic representation and of distinguishing goods and services of one undertaking from those of another.
