What happens if part of a trade mark is not capable of distinguishing but the remainder of the trade mark is registrable?
Trade marks will be considered as a whole. The whole trade mark must be capable of distinguishing the goods/services. The overall registrability of the trade mark depends on the relative proportions of the elements within the mark, i.e. the size of the registrable component in relation to those element/s which are not capable of distinguishing. The overall impact of the trade mark on the potential user will be considered by the examiner.
