A more liberal approach to registrability is adopted, so that marks which are capable of distinguishing the goods or services of a particular trader from those of others will now be registrable, whether through inherent distinctiveness or acquired distinctiveness resulting from use. It is therefore expected that surnames, geographical names and laudatory terms, which would have been rejected under the old Act, may be registrable under the new Act. However, since an applicant who does convert his application in this manner will lose his priority, a search should be conducted to make certain that no intervening applications were filed in the interim period. Parts A and B of the Register are unified so that all marks will be entered on a single Register.
Collective marks are now registrable.
The possibilities for conflict with prior rights and registrations have been enlarged and a broader range of registered marks may now bar registration. If an opposition to an application is based on an unregistered mark, it will be necessary for the opposer to discharge a heavy burden of proof by showing that the reputation of his mark is such that he could prevent use of the mark being applied for by means of a common law action for passing off. A single application may cover several classes and applications may be divided or combined after filing. Several registrations covering the same mark may be merged. It will no longer be possible to amend an inherently unregistrable mark during the course of the application procedure, so as to render the mark acceptable for registration.