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The Absolute and Relative Grounds for Refusal


Lawdit Solicitors - Expert Author

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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 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.

Written by Rehana Ali

About the Author

Lawdit 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 Designers Association.

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Article Published/Sorted/Amended on Scopulus 2014-03-14 09:08:21 in Legal Articles

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