What factors will a trade mark examiner take into account when I submit my application?
A trade mark shall not be registered if it consists exclusively of:
- a shape which results from the nature of the goods themselves;
- a shape of goods which is necessary to obtain a technical result; or
- a shape which gives substantial value to the goods;
- contrary to public policy or to accepted principles of morality; or
of such a nature as to deceive the public (for instance as to the nature; quality or geographical origin of the goods or service).
Yet further trade marks that:
- are devoid of distinctive character;
- consist exclusively of signs or indications which may serve, in trade, to designate; the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services, trademarks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; or
- conflict with an earlier right in an unregistered name, i.e. copyright, design right, unregistered designs or passing off
may not succeed at registration.
