Trade marks registrable in Part A
10.—(1)  A trade mark (other than a certification trade mark) registrable in Part A of the register shall contain or consist of at least one of the following essential particulars:
(a)the name of a company, individual or firm represented in a special or particular manner;
(b)the signature of the applicant for the registration or some predecessor in his business;
(c)an invented word or invented words;
(d)a word or words having no direct reference to the character or quality of the goods or services, and not being according to its ordinary signification a geographical name or surname;
(e)any other distinctive mark; provided that a name, signature, or word or words, other than such as fall within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under this paragraph except upon evidence of its distinctiveness.
(2)  For the purposes of this section, a trade mark is distinctive of the goods or services of a person if it is adapted to distinguish goods or services with which that person is or may be connected in the course of trade from goods or services in respect of which no such connection subsists, either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditionss or limitations.
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(3)  In determining whether a trade mark is adapted to distinguish as aforesaid, the Registrar or the court may have regard to the extent to which —
(a)the trade mark is inherently adapted to distinguish as aforesaid; and
(b)by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish as aforesaid.
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