The trade mark will not be protected if the patent office finds that there are no statutory conditions for granting protection law (obstacles to registration of the trade mark appear.)
Obstacles to the reservation of a trade mark may be investigated ex officio by an absolute obstacle to the granting of protection law, as well as the relative obstacles underlying the objection. The most common conditions of absolute and relative obstacles are generally presented below: the relative obstacles to registration:
- Signs affecting the personal and property rights of a third party;
- For signs that violate the rights to earlier trade marks, reputable characters, commonly known characters.
Absolute obstacle to registration:
- Indications which may not be a trade mark;
- Indications not capable of distinguishing in the marketing of the goods for which they were declared;
- Indications consisting solely of elements which may serve on the market to indicate, in particular, the nature of the goods, its origin, quality, quantity, value, destination, method of manufacture, composition, function or suitability;
- Indications consisting exclusively of elements which have entered the common language or are customarily used in fair and established commercial practices;
- Indications constituting the shape of the goods, which are conditioned solely on their nature, are necessary to obtain a technical result or substantially increase the value of the goods;
- For signs declared in bad faith;
- For signs contrary to public policy or to good customs;
- For signs having symbolic elements which should not be used for commercial purposes;
- For signs contrary to public policy or to good customs;
- The indications constituting the protected name of the plant variety and relating to the variety of plants of the same or a related species;
- Indications concerning identical or similar goods if the indication to be protected is identical or similar to the registered geographical indication, the designation of origin, the traditional description for the wine or the designation The geographical spirit drink.