Trademarks

A mark shall not be registrable if it is:

(a) incapable of distinguishing the goods or services of one enterprise from those of other enterprises;

(b) contrary to public order or morality;

(c) likely to mislead the public or trade circles, in particular, as regards the geographical origin of goods or services concerned or their nature or characteristics;

(d) identical to, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of or official sign or hallmark adopted by, any State, inter-governmental Organisation or Organisation created by an international convention, unless authorised by the competent authority of that State or Organisation;

(e) identical to, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Saint Christopher and Nevis for identical or similar goods or services of another enterprise, or if it is well-known and registered in Saint Christopher for goods or services which are not identical, or similar to those in respect of which registration is applied for, provided, in the latter case, that
(i) use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark; and
(ii) the interests of the owner of the well-known mark are likely to be prejudiced by such use; or

(f) identical to a mark belonging to a different owner and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.