Trade Marks Ordinance, 2001 — section 14

14. Absolute grounds for refusal of registration..—_(1) The following shall not be registered, namely:

(a)marks which do not satisfy the requirements of clause (xlvii) of section 2;

(b)trade marks which are devoid of any distinctive character;

(c)trade marks which consist exclusively of marks 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 of rendering of services, or other characteristics of goods or services; and

(d)trade mark which consist exclusively of marks or indications which have become customary in the current language or in the bone fide and established practices of the trade; Provided that a trade mark shall not be refused registration by virtue of clause (b), (c) or (d) if, before the date of application for registration, it has, in fact, acquired a distinctive character as a result of the use made of it or is a well known trade mark.

(2)A mark shall not be registered as a trade mark if it consists exclusively of

(a)the shape which results from the nature of the goods themselves;

(b)the shape of goods which is necessary to obtain a technical result; or

(c)the shape of which gives substantial value to the goods.

(3)No trade mark on any part thereof in respect of any goods or services shall be registered which consists of, or contains, any scandalous design, or any matter the use of which would

(a)by reasons of its being likely to deceive or to cause confusion or otherwise, be disentitled to protection in 1[the High Court].

(b)be likely to hurt the religious susceptibilities of any class of citizens of Pakistan, per se, or in terms of goods or services it is intended to be so registered; or

(c)be contrary to any law, for the time being in force, or morality.

(4)A trade mark shall not be registered if or to the extent that the application is made in bad faith. 1 Subs. by Act No. LVIII of 2023, s.8.