IPOI Trade Mark Agent Practice Questions - Intellectual Property Office Of Ireland (IPOI) Trade Mark Agent Examination

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Under Section 8(1)(b) of the Trade Marks Act 1996, a trade mark which is 'devoid of distinctive character' shall not be registered. How can this objection be overcome by an applicant?

By showing that the mark has acquired a distinctive character as a result of the use made of it before the date of application. By filing a declaration stating that the applicant intends to use the mark extensively. By restricting the geographical scope of the application to a single county in Ireland. By offering to pay a double registration fee to the IPOI.

Correct Answer:

By showing that the mark has acquired a distinctive character as a result of the use made of it before the date of application.

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