Be aware of Section 4

When developing your trade mark, there is a number of sections in the Trade Marks Act 1994 that needs to be considered.

In addition to the absolute and relative grounds for refusal outlined in section 3 and 5, section 4 highlights a number of elements that will be refused if they are part of any mark.

The first element considered in the section is flags. It clearly states that any use of a national flag in a misleading or offensive manner will prevent the mark’s registration. Even though use of any national flag from around the world would be prohibited, the act specifically states that any use of the Union Jack and the flags of England, Scotland, Wales, Northern Ireland or Isle of Man in a detrimental manner will render the mark unregistrable.

In addition, many of the excluded emblems outlined in the act are in relation to the Crown and the Royal family. The act expressly excludes any use of the emblems for the Royal arms and the Royal Crown. It also contains a more widespread exclusion of any representation of the Royal Family whether that be directly or indirectly linked. Permission can be granted to allow the use of mark that may originally be refused under this provision. This is how Royal Mail have succeeded in the use of the Royal Crest and can operate under the name it does.

To give your mark the best chance of success, get in contact with The Trademarkroom and we will be able to give guidance as to whether any excluded elements are present in your mark.

By Ellis Sweetenham