Which Signs shall not be Registered as Trademarks?

2016-08-26
BORSAM IP
BORSAM IP  ————————————————
As provided in Article 11, the following signs shall not be registered as trademarks:
 
1. Those only comprising generic names, designs or models of the goods in respect of which the trademarks are used;
 
 2. Those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and
 
3. Those lacking distinctive features.
 
The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.
 
As also provided in Article 28 of the Trademark Law, where a trademark the registration of which has been applied for is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application.