What signs cannot be trademarks?
Not all signs can be trademarks. There are a number of legal reasons on the basis of which the BOIP is obliged to refuse registration of an application (filing). In addition, the court can decide that a trademark is not valid for the same reasons and declare it to be null and void. The following is an explanation of the main reasons for refusal or nullification, the so-called grounds for exclusion. 1. The sign is not distinctive. This is the most common ground for exclusion. A trademark is a sign which distinguishes company’s goods or services. Therefore, a sign which is unable to do this is not a trademark. If you would like to find out more, read the additional information under “Lack of distinctive character”. 2. The sign is deceptive: A logo showing, for example, coffee cannot be registered and used for something else (such as tea or sleeping tablets) because this could then deceive (mislead) the public. 3. A number of specific grounds for exclusion apply to shape marks. These are
