To be registrable, a trademark must

(1) be distinctive;

(2) not be prohibited under this Act;

(3) not be the same as or similar to a trademark registered by another person.

(4) A distinctive trademark is one which enables the public or users to distinguish the goods with which the trademark is used from other goods.

In the event registered or pending trademarks of the same owner covering goods of the same class or different classes but the same character so similar to one another that the public might be confused or misled as to the owner or origin of the goods of used by different persons, the Registrar shall require the trademarks to be registered as associated trademarks and shall in writing notify the applicant without delay.