Section 3(1)(a) of the Trade Marks Act 1994 (the Act) states that:

 3. - (1) The following shall not be registered -

(a) signs which do not satisfy the requirements of section 1(1),

Section 1(1) is not a ground for invalidation in itself. It expresses the basic requirements that a trade mark must fulfil to be registered. It is section 3(1)(a) that applies those requirements. Regarding registration and for the purposes of invalidation under s47(1) of the Act the two sections are mutually dependent.

Section 1(1) relates primarily to graphic representation making the requirement of a sign, primarily for shapes and other non-standard marks.  The representation must be complete, clear and precise so that it is known without doubt what is being monopolised. Secondly, it must be intelligible to those who have an interest in consulting the Register (kept under s63), both producers and consumers.

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