Section 23
Section 23
(a)
signs which are not capable of being represented graphically and not capable of distinguishing goods or services of one undertaking from those of other undertakings;
(b)
trademarks which are devoid of any distinctive character;
(c)
trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, other characteristics of goods or services or the time of production of goods or of rendering of services; or
(d)
trademarks which consist exclusively of signs or indications which have become customary in the current language of the territory or in the bona fide and established practices of the trade.
(2)
Notwithstanding paragraphs (1)(b), (c) and (d), the Registrar shall not refuse to register an application of a trademark if, before the date of application for registration, the trademark has in fact acquired a distinctive character as a result of its use.
(3)
The Registrar shall refuse to register a sign as a trademark
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if the sign consists exclusively of—
(a)
the shape which results from the nature of the goods themselves;
(b)
the shape of goods which is necessary to obtain a technical result; or
(c)
the shape which gives substantial value to the goods.
(4)
Notwithstanding subsections (1) and (2), the Registrar shall refuse to register the following as a trademark if:
(a)
the trademark consists exclusively of the name of a country; or
(b)
the trademark contains or consists of recognized geographical indications.
(5)
In addition to the grounds in subsections (1), (3) and (4), the
Registrar shall refuse to register a trademark based on any of the following absolute grounds for refusal of registration:
(a)
if the use of the trademark is likely to deceive or cause confusion to the public or contrary to any written law;
(b)
if it is of such a nature as to deceive or mislead the public as to the nature, quality or geographical origin of the goods or services;
(c)
the trademarks are contrary to public interest or to morality;
(d)
the trademarks contain or consist of any scandalous or offensive matter or would otherwise not be entitled to protection by any court of law;
(e)
the trademarks contain a matter which is in the opinion of the Registrar is or might be prejudicial to the interest or security of the country;
(f)
the trademarks contain or consist of the name or
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representation of another person whether living or dead unless the applicant furnishes the Registrar with the consent of that person, if living, or of the representative of that person if deceased;
(g)
the trademarks contain or consist of flag of a country, national emblem, emblem, insignia or royal arms unless the applicant furnishes the Registrar with the authorization of the competent authorities or international intergovernmental organization as specified in section 78
or 79, as the case may be;
(h)
the trademarks contain or consist of a word which is commonly used as or is the accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, or which is declared by the World Health Organization as an international non-proprietary name or which is deceptively similar to such name unless it is used—
(i)
to denote only a brand or to make the element or compound as made by the proprietor of the trademark or the licensee as distinguished from the element or compound as made by others; and
(ii)
in association with a suitable name or description open to public use; or
(i)
the trademarks contain or consist of any of the following signs or a sign similar to any of those signs as is likely to be taken for that sign:
(i)
the word “Patent”, “Patented”, “By Royal Letters
Patent”, “Registered”, “Registered Design”, and
“Copyright” or words to the like effect in any language whatsoever; or
(ii)
any sign as prescribed.
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