Patents (Amendment) Act 2006

Relative grounds for refusal of registration (section 10 of 1996 Act).

38.— Section 10 of the 1996 Act is amended by substituting the following for subsection (3):

“(3) A trade mark which is identical with or similar to an earlier trade mark shall not be registered if, or to the extent that, the earlier trade mark has a reputation in the State (or, in the case of a Community trade mark, in the Community) and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or reputation of the earlier trade mark.”.