14. Name or representation of a person on a trademark.
Where the name or representation of a person appears as a trademark,
the registrar shall, if he or she requires, before proceeding to register the
mark, be furnished with consent from that person or, in the case of a
person recently dead, from his or her legal representatives, and in default
of that consent the registrar may refuse to register that mark.
15. Name or description of goods or services on a trademark.
(1) Where the name or description of any goods or services appears
on a trademark, the registrar may refuse to register the mark in respect
of any goods or services other than the goods or services so named or
described.
(2) Where the name or description of any goods or services appears
on a trademark, which name or description in use varies, the registrar
may permit the registration of the mark for those and other goods or
services and in that case the applicant shall state in his or her application
that the name or description will be varied when the mark is used upon
goods or services covered by the specification other than the named or
described goods or services.
16. Preliminary advice by registrar as to distinctiveness.
(1) A person who proposes to apply to register a trademark in Part
A or Part B of the register in respect of any goods or services, may apply
to the registrar in Form TM 28.
(2) Where a person makes an application for advice as to whether
the trademark appears to the registrar prima facie, to be inherently
adapted to distinguish within the meaning of section 9 of the Act, or
inherently capable of distinguishing within the meaning of section 10 of
the Act, as the case may be, in relation to those goods or services, the
application shall be in Form TM 28; and shall be accompanied by
duplicate representations.
(3) A person shall make a separate application in relation to goods
or services comprised within different classes of goods specified in the
Third Schedule to these Regulations.
1999