Rev. 2009]
Trade Marks
CAP. 506
15
(b) the use by any person of any bona fide description of the
character or quality of his goods, not being a description that
would be likely to be taken as importing any such reference
as is mentioned in paragraph (b) of subsection (1) of section
7, or in paragraph (b) of subsection (3) of section 40.
Registrability and Validity of Registration
12. (1) In order for a trade mark (other than a certification trade Distinctiveness
mark) to be registrable in Part A of the register, it must contain or consist requisite for
registration in Part A.
of at least one of the following essential particulars (a) the name of a company, individual or firm, represented in
a special or particular manner;
(b) the signature of the applicant for registration or some
predecessor in his business;
(c) an invented word or invented words;
(d) a word or words having no direct reference to the character or
quality of the goods, and not being according to its ordinary
signification a geographical name or a surname;
(e) any other distinctive mark, but a name, signature or word
or words, other than such as fall within the descriptions in
paragraphs (a), (b), (c) and (d), shall not be registrable under
this paragraph except upon evidence of its distinctiveness.
(2) For the purposes of this section, “distinctive” means adapted,
in relation to the goods in respect of which a trade mark is registered or
proposed to be registered, to distinguish goods with which the proprietor
of the trade mark is or may be connected in the course of trade from
goods in the case of which no such connexion subsists, either generally
or, where the trade mark is registered or proposed to be registered subject
to limitations, in relation to use within the extent of the registration and
in relation to services means to distinguish services with the provision
of which the proprietor is or may be connected in the course of business,
from services the provision of which he is not so connected.
(3) In determining whether a trade mark is adapted to distinguish,
the court or the Registrar may have regard to the extent to which (a) the trade mark is inherently adapted to distinguish; and
11 of 1965, s. 2,
5 of 1994.