Cap. 597 Art. 85Refusal of an application for a collective mark.

(1) In addition to the grounds for refusal of a trademark application provided for in article 5, where appropriate with the exception of article 5(1)(c) concerning signs or indications which may serve, in trade, to designate the geographical origin of the goods or services, and article 6, and without prejudice to the right of the Office not to undertake examination of relative grounds, an ex officio application for a collective mark shall be refused where the provisions of article 61(b), article 79 or article 81 are not satisfied, or where the regulations governing use of that collective mark are contrary to public policy or to accepted principles of morality.

(2) An application for a collective mark shall also be refused if the public is liable to be misled as regards the character or the significance of the mark, in particular if it is likely to be taken to be something other than a collective mark.

(3) An application shall not be refused if the applicant, as a result of amendment of the regulations governing use of the collective mark, meets the requirements referred to in sub-articles (1) and (2).