PART 2Amendments to the 1994 Act
Absolute grounds for refusal of registration4
1
Section 3 is amended as follows.
2
In subsection (2), after “the shape” in each place insert “
, or another characteristic,
”
.
3
In subsection (4) M1, after “EU law” insert “
other than law relating to trade marks
”
.
4
After subsection (4), insert—
4A
A trade mark is not to be registered if its registration is prohibited by or under—
a
any enactment or rule of law,
b
any provision of EU law, or
c
any international agreement to which the United Kingdom or the EU 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 provision of EU law, or
b
any international agreement to which the EU 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,
b
provision of EU law, or
c
international agreement to which the United Kingdom or the EU is a party,
providing for the protection of plant variety rights.