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'The Trade Marks Act 1994 was intended to expand the range of product attributes that could be registered as a trade mark, but the extent to which it has achieved that goal is debatable' (Michael Spence, 2007). Do you agree with this statement? Illustrate your answer by reference to the case law on the registrability of non-traditional trade marks. Abstract This essay generally agrees with the statement given. It will be argued that despite the apparently permissive definition of a trade mark under s 1(1) Trade Marks Act 1994 ("TMA 1994"), there is a plethora of reasons why the range of product attributes that may be registered as trade marks are considerably limited. Namely that: 1. It is more difficult to establish that a non-traditional mark is inherently distinctive;1 2. The requirement that a mark be capable of being "graphically represented" has been interpreted to substantially reduce the range of non-traditional...

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