Why has my trade mark application been refused?

Under the Trade Marks Act 1994, there is a number of criteria that any trade mark application has to satisfy for it to be successfully registered.

Some applications that do not receive support from trade mark experts such as The Trademarkroom can be refused if they do not fit these specifics

A trade mark can be refused under two section of the Trade Marks Act 1994, section 3 outlining the absolute grounds for refusal and section 5 which states the relative grounds for refusal.

Section 3 outlines the absolute grounds for refusal which include the policy reasons as to why a mark cannot be registered. This section looks at how the mark is constructed and sees if there is any part of the mark itself that would create an unfair monopoly over a phrase or logo. Section 1 of the act outlines the definition of a registrable mark, which states the mark must be graphically represented and capable of distinguishing in goods and services. If any application does not satisfy this, it will be refused under section 3. In addition if a mark is not distinctive or linked to a geographical location, it will be refused. The absolute grounds for refusal also prevents marks that are essential to obtain a technical result and those that originate from the good themselves.

In contrast, Section 5 outlines the relative grounds for refusal which are solely based on existing trade marks. If a potential trade mark conflicts with a mark that has previously been successfully registered, this will prevent the application succeeding. Any connection between two marks can be caught by the act as it gives a number of different scenarios. If the mark is identical/similar to anything existing on identical/similar types of goods or services then the mark will be refused registration.

By taking advantage of The Trademarkroom and our expertise, you can give any trade mark application the best success as they can give direct advice how best to comply with these sections.

By Ellis Sweetenham