Section 5: No mark shall be registered as a trade mark, if–

(a) it is a trade name; (b) it is incapable of distinguishing the goods or services of one enterprise from the goods or services of another enterprise; Interpretation. 2 3 for registration. Conditions of application. Registration of trade Grounds for refusal of registration of No. 8 The Trade Marks Act, 2014No. 8 The Trade Marks Act, 20144 5 (c) it is contrary to public order or morality; (d) it is likely to mislead the public or trade circles with particular reference to the geographical origin of the goods or services, their nature or characteristics; (e) it is identical to or is an imitation of or contains, as an element, an armorial bearing, flag, emblem, name, abbreviation or intitals of the name, official sign or hallmark adopted by a State, intergovernmental organisation or organisation created by an international convention unless authorised by the competent authority of that State or organisation; (f) it is identical to or confusingly similar to or constitutes a translation of a trade mark or trade name which is well known in the country for identical or similar goods or services of another enterprise, or the trademark is well known and registered in the country for goods or services which are not identical or similar to those under application but the use of the trade mark will indicate a connection between those goods or services and the owner of the well known trade mark and the interests of the owner to the well known trade mark are likely to be damaged by the use of the trade mark; (g) it is identical to a trade mark of another owner already on the register or identical to a trade mark the subject of an application with an earlier filing or priority date for the same goods or services or closely related goods or services or if it resembles that trade mark so closely that it is likely to deceive or cause confusion.