39Trade mark containing etc. certain signs

39 Trade mark containing etc. certain signs

(1) An application for the registration of a trade mark must be rejected if the trade mark contains or consists of a sign that, under regulations made for the purposes of section 18, is not to be used as a trade mark. (2) An application for the registration of a trade mark may be rejected if the trade mark contains or consists of: (a) a sign that is prescribed for the purposes of this subsection; or (b) a sign so nearly resembling: (i) a sign referred to in paragraph (a); or (ii) a sign referred to in subsection (1); as to be likely to be taken for it.