Chapter

Absolute grounds for refusal

L. Bently and B. Sherman

in Intellectual Property Law

Fourth edition

Published on behalf of © L. Bently and B. Sherman 2014

Published in print September 2014 | ISBN: 9780199645558
Published online November 2014 | e-ISBN: 9780191784590 | DOI: https://dx.doi.org/10.1093/he/9780199645558.003.0037
Absolute grounds for refusal

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This chapter examines the ‘absolute’ grounds for refusing to register a trade mark as set out in section 3 of the Trade Marks Act 1994, Article 3 of the Trade Marks Directive, and Article 7 of the Community Trade Mark Regulation (CTMR). It first looks at the reasons for denying an application for trade mark registration before analysing the absolute grounds for refusal, which can be grouped into three general categories: whether the sign falls within the statutory definition of a trade mark found in sections 1(1) and 3(1)(a) and (2) of the Trade Marks Act 1994; whether trade marks are non-distinctive, descriptive, and generic; and whether trade marks are contrary to public policy or morality, likely to deceive the public, prohibited by law, or if the application was made in bad faith. Provisions for specially protected emblems are also considered.

Keywords: trade marks; Trade Marks Act 1994; Trade Marks Directive; Community Trade Mark Regulation; registration; public policy; morality; bad faith; emblems

Chapter.  25902 words.  Illustrated.

Subjects: Intellectual Property Law

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