2.2 Section 39: Prescribed Signs

Date Published

Paragraph 39(2)(a) of the Trade Marks Act states that a trade mark may be rejected if it contains or consists of a sign that is prescribed in the regulations for the purposes of section 39(2), OR is a sign so nearly resembling the prescribed sign as to be likely to be taken for it (subparagraph 39(2)(b)(i)).

In accordance with words and symbols prescribed in regulation 4.15(a), a ground for rejection under section 39 is applicable if any of the following appear in a trade mark:


2.2.1 Overcoming a section 39 ground for rejection

The prescribed sign may be removed from the trade mark if removal does not substantially alter the identity of the mark under section 65 of the Trade Marks Act.