The following shall not be registered:
1. signs which do not conform to the requirements of Article 4 (reproduced below);
2. trade marks which are devoid of any distinctive character;
3. trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;
5. trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;
6. signs which consist exclusively of:
a. the shape which results from the nature of the goods themselves; or
b. the shape of goods which is necessary to obtain a technical result; or
c. the shape which gives substantial value to the goods;
7. trade marks which are contrary to public policy or to accepted principles of morality;
8. trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;
9. trade marks which have not been authorized by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention;
10. trade marks which include badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the appropriate authorities to their registration has been given;
11. trade marks for wines which contain or consist of a geographical indication identifying wines or for spirits which contain or consist of a geographical indication identifying spirits with respect to such wines or spirits not having that origin.
Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Community.
Paragraph 1 (b), (c) and (d) shall not apply if the trade mark has become distinctive in relation to the goods or services for which registration is requested in consequence of the use which has been made of it.
Article 4 - Signs of which a Community trade mark may consist
A Community trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings
