It will indicate when objections should or should not be raised and give guidance, where possible, on ways of overcoming the objections, including the filing of evidence. The guide will set down how particular categories of mark should be examined by applying this guidance. Practice is determined by applying the judgements and decisions referred to above. The purpose of this guide is to indicate to examiners the procedures to follow when examining a mark, and to give guidelines on registrability. The reasons for departing from practice should be recorded on the application file either on the internal minute sheet or (if appropriate) in the Hearing Record. Where there are good reasons to depart from usual practice officers may do so. It is helpful both to the Registry and to practitioners, but it cannot absolve the registrar’s hearing officers, or me on appeal, from approaching each case on its own facts. It must always be remembered that the Registry Practice is a guideline and nothing more. In that decision, at paragraph 12, it says. See for example the comments made by the Appointed Person (Simon Thorley QC) in the appeal by Henkel KGaA ( BL 0/152/01) against the refusal of the Registrar to grant protection in respect of an International Registration. An examiner should not disregard practice but the particular circumstances of a case may suggest that a departure from practice would be justified. Each case must be considered on its own merits. It should be remembered that the practice stated in this guide should not be applied rigidly and without regard to the particular circumstances of the application. Or affect the registrability of any mark or any rights arising under the Trade Marks Act. An expression of opinion relating to such marks is not intended to determine Given the constantly changing significance of certain words, phrases or signs in general use, it may be decided in retrospect that a given mark should not have been accepted for registration. Occasionally an application referred to as an example to illustrate a point suggests that the decision regarding acceptability was not in line with current practice. Registry practice reflects and interprets current law, but just as the law evolves, so practice must change to take new factorinto account.
This guide is compiled from judgements and decisions from a variety of sources including, in particular, the Court of Justice of the European Union (CJEU), the General Court (GC), UK Courts and the Appointed Persons. In relation to the interpretation of such retained law, the case law of the Court of Justice of the European Union (CJEU) (including the General Court) issued before the end of the transition period continues to apply, and is binding, as retained EU case law under section 6 of the Withdrawal Act. The Trade Marks Act 1994 is largely derived from EU law (Directive 2015/2436).