The Absolute and Relative Grounds for Refusal
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Written on 14 February 2014
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
In order to prevent an owner from unfairly obtaining a monopoly a Trade
Mark will be refused registration in some of the following
The mark is descriptive of goods or
The mark consists of customary words.
The mark is non- distinctive.
The mark is laudatory.
The mark may conflict with an earlier
Written by Rehana Ali
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
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Article Published/Sorted/Amended on Scopulus 2014-03-14 09:08:21 in Legal Articles