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| Types of trade marks for goods and services
A trade mark is used to promote and identify a manufacturer's or trader's goods and services and it enables the purchasing public to distinguish them from the goods and services of other manufacturers or traders. A trade mark may be any sign that is visually perceptible and capable of being represented graphically and may, in particular, consists of words, personal names, letters, numerals, figurative elements or combination of colours, and includes any combination of such signs. The goods and services in respect of which registration can be sought are divided into classes for administrative convenience. There are 34 classes of goods and 8 classes of services. The classes for goods and services in respect of which an application can be made are set out in Schedule 4 of the Trade Marks Rules. Further information as to which class an application should be filed can be obtained direct from the Trade Marks Registry or can be checked from the Nice's International Classification of Goods and Services. Registrability In order to be registrable trade marks must fulfil the criteria laid down in the Trade marks Ordinance. A trade mark can be registered in either Part A or Part B of the Trade marks Register. A trade mark can be registered in Part A if it is :
Difference Between Part A and Part B Registrations Part A registration offers greater protection to a trade mark in that the original registration will, after the expiration of 7 years from the date of the original registration, be taken as valid unless the registration was obtained in certain ways e.g. through fraud. Part B registration does not confer the same degree of protection as a Part A registration in that even after expiration of 7 years, it may be possible to challenge the validity of a Part B registration e.g. on the ground that it was wrongly registered. |
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