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Trade Mark Examiners Manual - Part 24 - Disclaimers
A disclaimer is a limitation of the exclusive rights given by registration to use and authorise the use of a trade mark and this is looked at in Part 24 of the Trade Mark Examiner's Manual. In general terms the owner of a registered trade mark has no...
Trade Mark Examiners Manual - Part 23 - Grounds for Rejection under Section 41 - including Evidence of Use
There are several reasons that an examiner may reject your application and Part 23 of the Trade Mark Examiner's Manual goes into detail about each of those grounds, and also how an Applicant may be able to overcome each situation with the relevant ev...
Trade Mark Examiners Manual - Part 22 - Section 41 - Capable of Distinguishing
An application for registration of a trade mark must be rejected if the trade mark is not capable of distinguishing the applicant’s goods and/or services from the goods and/or services of other persons. Part 22 of the Trade Mark Examiners Manua...
Trade Mark Examiners Manual - Part 21 - Non-traditional Signs
Part 21 of the Trade Mark Examiners Manual looks at non-traditional signs which are fall outside the definition of a "sign" being the following or any combination of the following, namely, any letter, word, name, signature, numeral, device, brand, h...
Trade Mark Examiners Manual - Part 20 - Definition of a Trade Mark and Presumption of Registrability
A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. Part 20 of the Trade Mark...
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