s.23Absolute grounds for refusal of registration
23
Section 23Part 3 — PART 3 - REGISTRATION

Absolute grounds for refusal of registration

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The following shall not be registered —
signs which do not satisfy the requirements of the definition of a trade mark;
trade marks which are devoid of any distinctive character;
trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or rendering of services, or other characteristics of goods or services;
trade marks which consist exclusively of signs or indications which have become customary in the current language or in bona fide and established practices of the trade.
For the avoidance of doubt, the Registrar is prohibited from registering a trade mark which consists exclusively of the word "Cayman", "Cayman Islands", "Grand Cayman", "Cayman Brac", "Brac" or "Little Cayman".
A trade mark shall not be refused registration by virtue of subsections (1)(b), (c), or (d) if, before the date of application for registration, it had in fact acquired a distinctive character as a result of the use made of it by the applicant.
A sign shall not be registered as a trade mark if it consists exclusively of —
the shape which results from the nature of the goods themselves;
the shape of goods which is necessary to obtain a technical result; or
the shape which gives substantial value to the goods.
A trade mark shall not be registered if it is —
contrary to public policy or to accepted principles of morality;
of such nature as to deceive the public as to the nature, quality, geographical origin of the goods or service or any other feature of the goods or service; or
any word, letter or device specified by the Registrar as a restricted or prohibited word, letter or device, such word, letter or device being published by the Registrar by notice in the Gazette as a restricted or prohibited word, letter or device.
A trade mark shall not be registered if its use is prohibited in the Islands by any law.
A trade mark shall not be registered if or to the extent that the application for registration is made in bad faith.

Defined Terms

distinctive characterbona fidebad faith

Referenced By