Are some marks incapable of registration?

"You name it!"

Some applications for a trade-mark registration fail.

There may be many reasons for the failure including:

  • The trade-mark is only the name of the wares, for example RED WINE for wine; or clearly describes its character such as HOME MADE for jam.
  • The trade-mark is confusingly similar to someone else’s mark or trade-name.
  • The trade-mark is geographical origin of the goods or services example: CANADA or NIAGARA FALLS
  • The trade-mark is a name or surname, for example: JONES or FRED JONES
  • The trade-mark contains obscene matter.

Whether a trade-mark is capable of registration should be discussed with your lawyer or trade-mark agent.