Paragraph 2 F1

Section 3 (absolute grounds for refusal of registration) is amended as follows.

In subsection (2), after “the shape” in each place insert “, or another characteristic,”.

In subsection (4), for “or by any provision of Community law” substitute “other than law relating to trade marks”;

After subsection (4), insert—

“(4A)

A trade mark is not to be registered if its registration is prohibited by or under—

(a)

any enactment or rule of law, F3or

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

any international agreement to which the United Kingdom F5... is a party,

providing for the protection of designations of origin or geographical indications.

F6(4B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C)

A trade mark is not to be registered if it—

(a)

consists of, or reproduces in its essential elements, an earlier plant variety denomination registered as mentioned in subsection (4D), and

(b)

is in respect of plant varieties of the same or closely related species.

(4D)

Subsection (4C)(a) refers to registration in accordance with any—

(a)

enactment or rule of law, F7or

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

international agreement to which the United Kingdom F9... is a party,

providing for the protection of plant variety rights.”.