The DPMA examines the trade mark application for absolute grounds for refusal. Absolute grounds for refusal are for example:
- lack of distinctiveness
- descriptive terms that must be kept freely available for general use
- danger of deceiving the public
- an emblem of state included in the trade mark
- offence against public policy or accepted principles of morality
Signs will not be registered, if they do not determine the clear and precise subject matter of protection and, above all, signs will not be registered if they lack any distinctiveness or if they merely describe the goods and services concerned.
Trademark law absolute grounds for refusal