Section 6

signs which do not satisfy the requirements of section 4(1);

trade marks which are devoid of any distinctive character;

trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or of rendering of services, or other characteristics of goods or services;

trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade:

Provided that a trade mark shall not be refused registration by virtue of paragraph (b), (c) or (d) if, before the date of application for registration, it has in fact acquired a distinctive character as a result of the use made of it.

the shape which results from the nature of the goods themselves;

the shape of goods which is necessary to obtain a technical result; or

the shape which gives substantial value to the goods.

Trade Marks

B.L.R.O. 6/2022 17

contrary to public policy or to accepted principles of morality; or

of such a nature as to deceive the public.