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What marks are not registrable in Bhutan? What is not registrable as a trademark in Bhutan?

The trademarks which are not registrable in Bhutan are the following:

  • which, is incapable of distinguishing the goods or services of one enterprise from those of another enterprise ;
  • contrary to public order or morality;
  • likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned or their nature or characteristics;
  • identical with, or is an imitation of or contains as an element, an armorial bearing, flag and other emblem, a name or abbreviation or initials of the name of, or, official sign  or  hallmark  adopted  by,  any  State,  intergovernmental  organisation  or

organisation  created  by  an  international  convention,  unless  authorised  by  the competent authority of that State or organisation;

  • identical with, or confusingly similar to, or, constitutes a translation of, a mark or trade name which is well known in Bhutan for identical or similar goods or services of another enterprise, or if it is well-known and registered in Bhutan 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 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 that the interests of the owner of the well- known mark are likely to be damaged by such use;
  • identical with a mark belonging to a different proprietor 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.

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