NIPC Law

Author Aurelien Guichard   Licence  CC BY-SA 2.0   Source Wikimedia   Jane Lambert Intellectual Property Enterproise Court (HH Judge Hacon)  NAH Holdings Ltd and another KBF Enterprises Ltd and another [2022] EWHC 323 (IPEC) (16 Feb 2022) The latest definition of a trade mark is  "any sign which is capable-  (a) of being represented in the register in a manner which enables the registrar and other competent authorities and thepublic to determine the clear and precise subject matter of the protection afforded to the proprietor,and  (b) of distinguishing goods or services of one undertaking from those of other undertakings" (see s.1 (1) of the Trade Marks Act 1994  as amended).  One of the grounds for refusing registration of a sign as a trade mark is that it does not satisfy the requirements of that section. Unsurprisingly there are very few cases on that point but one in which it was raised was  NAH Holdings Ltd and another v KBF...