Search Legislation

Trade Marks Act 1994

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Trade Marks Act 1994, Section 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

3 Absolute grounds for refusal of registration.U.K.

(1)The following shall not be registered—

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

(b)trade marks which are devoid of any distinctive character,

(c)trade marks which 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,

(d)trade marks which consist exclusively of signs or indications which have become customary in the current language or in thebona fide and established practices of the trade:

Provided that, a trade mark shall not be refused registration by virtue of paragraph (b), (c) or (d) above if, before the date of application for registration, it has in fact acquired a distinctive character as a result of the use made of it.

(2)A sign shall not be registered as a trade mark if it consists exclusively of—

(a)the shape[F1, or another characteristic,] which results from the nature of the goods themselves,

(b)the shape[F1, or another characteristic,] of goods which is necessary to obtain a technical result, or

(c)the shape[F1, or another characteristic,] which gives substantial value to the goods.

(3)A trade mark shall not be registered if it is—

(a)contrary to public policy or to accepted principles of morality, or

(b)of such a nature as to deceive the public (for instance as to the nature, quality or geographical origin of the goods or service).

(4)A trade mark shall not be registered if or to the extent that its use is prohibited in the United Kingdom by any enactment or rule of law F2... [F3other than law relating to trade marks].

[F4(4A)A trade mark is not to be registered if its registration is prohibited by or under—

(a)any enactment or rule of law, [F5or ]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any international agreement to which the United Kingdom F7... is a party,

providing for the protection of designations of origin or geographical indications.

(4B)A trade mark is not to be registered if its registration is prohibited by or under—

(a)any [F8enactment or rule of law], or

(b)any international agreement to which the [F9United Kingdom] is a party,

providing for the protection of traditional terms for wine or traditional specialities guaranteed.

(4C)A trade mark is not to be registered if it—

(a)consists of, or reproduces in its essential elements, an earlier plant variety denomination registered as mentioned in subsection (4D), and

(b)is in respect of plant varieties of the same or closely related species.

(4D)Subsection (4C)(a) refers to registration in accordance with any—

(a)enactment or rule of law, [F10or]

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)international agreement to which the United Kingdom F12... is a party,

providing for the protection of plant variety rights.]

(5)A trade mark shall not be registered in the cases specified, or referred to, in section 4 (specially protected emblems).

(6)A trade mark shall not be registered if or to the extent that the application is made in bad faith.

Textual Amendments

F1Words in s. 3(2) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 4(2) (with Pt. 5)

F3Words in s. 3(4) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 4(3) (with Pt. 5)

F4S. 3(4A)-(4D) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 4(4) (with Pt. 5)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources