What is Registrable?
Not all trade marks are registrable. Essentially registration will be refused for a trade mark which:
- is not capable of distinguishing good or services of one business from those of other businesses,
- does not have any distinctive character,
- consists exclusively of signs or indications that designate essential characteristics of goods or services (e.g. their quality, intended purpose, geographical origin etc.),
- consists exclusively of signs or indications which are customary in the language in the trade,
- consists exclusively of the shape, arising from the goods themselves, or which is necessary to obtain a technical result, or gives substantial value to the goods,
- is contrary to public policy or principles of morality,
- is likely to deceive the public, e.g. as to the nature, quality, or geographical origin of the goods or services,
- is applied for in bad faith,
- is identical with or similar to a trade mark that is already on the Register in respect of identical or similar goods.