Answer ... A trademark may consist of any sign which is capable of distinguishing the goods of one undertaking from those of others and which can be represented on the Trademark Register in a form which enables the protected subject matter to be clearly and precisely determined.
In particular, a trademark may be comprised of words - including a personal name - designs, letters, numerals, colours, sounds and three-dimensional shapes, including the shape of goods or their packaging.
Answer ... In order to function as a trademark, any designation or other identifier must be capable of distinguishing the goods of one undertaking from those of others.
Answer ... Designations or other identifiers that are not capable of distinguishing the goods of one undertaking from those of others cannot function as trademarks.
In particular, the following are ineligible to function as trademarks:
- designations that consist exclusively of elements that may serve in trade to designate the kind, origin, quality, quantity, value, intended purpose, manufacturing process, composition, function or usefulness of the goods;
- designations that consist exclusively of elements that have become customary in the current language and are used in fair and established business practices; and
- designations that consist of the form or other property of the goods, that result exclusively from the character of the goods, that are necessary in order to achieve a technical result or that significantly increase the value of the goods.