... out, following which I will outline various types of unusual trade marks with reference to appropriate case law. After this I will evaluate the extent to which the legislation has achieved its goals. Over the course of this essay I hope to show that the legislation has had limited success in expanding the range of registrable product attributes, but also I wish to contest the assertion that the legislation was passed with the direct intention of expanding such attributes to any significant degree. The Trade Marks Act 1994 was the result of the European Union's aspiration to approximate the trade mark laws of member states. Section 1 of the legislation defines a trade mark as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings". From this one can identify three necessary criteria for a trade mark to ...

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