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.