Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Trade mark definition

What does Trade mark mean? In practice, a trade mark is a sign used in trade to indicate the commercial origin of goods or services and to distinguish one undertaking’s products or services from another’s. In the UK, section 1 Trade Marks Act 1994 (as amended by the Trade Marks Regulations 2018) and, in Ireland, section 6 Trade Marks Act 1996 (as amended) define a trade mark as any sign that is: (i) capable of being represented on/in the register in a manner enabling the authorities and the public to determine the clear and precise subject matter of the protection; and (ii) capable of distinguishing...

UK trade mark registration refusals: absolute and relative grounds, key case law (including SkyKick), shape/function marks, reputation, agents, passing off, and practical strategies post-Brexit

Published by a LexisNexis IP expert

Practice notes

Absolute and relative grounds

A trade mark’s core role is to signal commercial origin. It sets apart one undertaking’s goods and services from those of others. In principle, any mark can be registered as a trade mark unless a particular basis for refusal applies. Registration is permitted only where no specified ground for refusal exists at all. These refusal bases fall into two categories: ‘absolute grounds for refusal’ (addressing the inherent characteristics of the mark and whether it can operate as a trade mark) and ‘relative grounds for refusal’ (concerned with clashes with earlier rights). It is also possible for an application to be refused only in part where the relevant ground affects just some of the goods or services designated in the application. When a trade mark application is filed, the UK intellectual property Office (ipo) examines the application in order to decide whether or not the mark sought falls within any of the ‘absolute grounds’ for refusal. For more information, see the Practice Note: Application to register a UK trade mark...

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Web page updated on 27/05/2026

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