Act 17
Trademarks Act
2010
(5) A sign shall not be registered as a trademark relating to
goods if it consists exclusively of—
(a) the shape that results from the nature of the goods
themselves;
(b) the shape of goods that is necessary to obtain a technical
result; or
(c) the shape that gives substantial value to the goods.
24. Saving in respect of use of name, address or description of
goods or services.
The registration of a trademark shall not affect—
(a) a bona fide use by a person of his or her own name or the name
of his or her place of business or of the name of the place of
business of any of his or her predecessors in business;
(b) the bona fide use by a person of any description of the
character or quality of his or her goods or services, not
being a description that is likely to be taken as importing a
reference mentioned in section 36(2)(b) or;
(c) the bona fide use by a person of a description of the
character or quality of his or her services, not being a
description that is likely to be taken as importing a
reference as mentioned in section 37(2)(b).
25. Prohibition of registration of identical and resembling
trademarks.
(1) Subject to section 27, a trademark relating to goods shall not
be registered in respect of goods or description of goods that is
identical with or nearly resembles a trademark belonging to a
different owner and already on the register in respect of—
(a) the same goods;
(b) the same description of goods; or
(c) services or a description of services which are associated
with those goods or goods of that description.
22