Absolute and relative grounds for refusal to register a UK trade mark


Published by a ÑÇÖÞÉ«ÇéÍø IP expert
Practice notes

Absolute and relative grounds for refusal to register a UK trade mark


Published by a ÑÇÖÞÉ«ÇéÍø IP expert

Practice notes
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Absolute and relative grounds

A trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking from those of other undertakings.

Any mark may be registered as a trade mark unless a specified ground for refusal exists. The grounds for refusal are divided into two classes described as ‘absolute grounds for refusal’ (which relate to the intrinsic qualities of the mark and its ability to function as a trade mark) and ‘relative grounds for refusal’ (which relate to conflicts with earlier rights). It is possible for an application to be partially refused where the relevant ground for refusal applies only to some of the goods or services designated in the application.

When a trade mark application is filed, the UK intellectual property Office (ipo) examines the application in order to determine whether or not the mark applied for falls within one of the 'absolute grounds' for refusal. For more information, see Practice Note: Application to register a UK trade mark.

In addition,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Trade mark definition
What does Trade mark mean?

Section 1 of the Trade Marks Act 1994 defines 'trade mark' as any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

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