5 Relative grounds for refusal of registration
Trade Marks Act 1994 (1994 c 26) | Legislation

5  Relative grounds for refusal of registration

(1)     A trade mark shall not be registered if it is identical with an earlier trade mark and the goods or services for which the trade mark is applied for are identical with the goods or services for which the earlier trade mark is protected.

(2)     A trade mark shall not be registered if because—

(a)     it is identical with an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is protected, or

(b)     it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected,

there exists a likelihood of confusion on the part of the public, which includes

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