| Commentary

62 Trade marks

| Commentary

62 Trade marks

The Trade Marks Act 1994 defines a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’1. It is no longer a requirement that the mark be used for the purpose of indicating a connection in the course of trade between the goods and the proprietor or registered user of the mark2. Hence it is possible for advertising slogans to be registered as trade marks, provided they satisfy the distinctiveness requirements of the 1994 Act. Moreover, even if the slogan does

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