ABSTRACT
The proposed Sovereign trade mark, provided it satisfies the requirements of ss 1 and 3(1) of the TMA 1994, is still likely to fall foul of s 4(1). A trade mark that consists of or contains a representation of the national flag of the UK (commonly known as the Union Jack) may not be registered if it appears to the Registrar that the use of the trade mark would be misleading or grossly offensive. The burden of proof is on Monty and Vera under s 100 as to use or any particular description of use of a trade mark or of a sign identical to it.
