Free Practice Questions for PEB Trade Mark

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Key Facts: PEB Trade Mark Exam

1994

Governing statute (Trade Marks Act)

Trade Marks Act 1994

10 years

Registration term, renewable

TMA 1994 ss.42-43

5 years

Non-use period for revocation

TMA 1994 s.46

Nice Classification classes (34 goods, 11 services)

Nice Classification

3 elements

Passing-off classic trinity

Reckitt & Colman v Borden

2019

Graphical representation requirement abolished

Trade Mark reforms (Directive 2015/2436)

The UK Trade Mark Attorney qualifying examinations (Patent Examination Board, regulated by IPReg) are written problem and essay papers - including Principles of Trade Mark Law - assessed against the Trade Marks Act 1994 (as amended). Core topics: the definition and registrability of a mark (s.1), absolute grounds (s.3), relative grounds and earlier rights (s.5, s.6A), infringement (s.10) and defences (s.11), exhaustion (s.12), revocation (s.46) and invalidity (s.47), the Nice Classification, the EU trade mark and Madrid Protocol systems, post-Brexit comparable UK rights, and passing off. The PEB does not publish a fixed multiple-choice question count; fees and pass marks are set per paper. Qualification, with the required practice and CPD, leads to registration on the IPReg register of trade mark attorneys.

Sample PEB Trade Mark Practice Questions

Try these sample questions to review concepts for the PEB Trade Mark exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under section 1(1) of the Trade Marks Act 1994 (as amended in 2019), what is the core legal definition of a 'trade mark'?

A.Any sign which is capable of distinguishing goods or services of one undertaking from those of others and capable of being represented in the register clearly and precisely

B.Any sign that has been used in trade for at least five continuous years

C.Any word or logo that has been registered with Companies House

D.Any device that the applicant subjectively intends to use as a badge of origin

Explanation: Section 1(1) TMA 1994 (as amended to implement the EU Trade Marks Directive 2015/2436) defines a trade mark as any sign capable of (a) distinguishing the goods or services of one undertaking from those of other undertakings, and (b) being represented in the register in a manner that enables the authorities and public to determine the clear and precise subject matter of protection. The old graphical representation requirement was replaced in January 2019.

2Following the amendments that took effect on 14 January 2019, which statement best describes the requirement that a trade mark be 'represented' in the register?

A.The mark must still be capable of being represented graphically on paper

B.The mark may be represented in any appropriate form using generally available technology, provided the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective

C.Only word marks and two-dimensional figurative marks can ever be represented

D.The applicant must file a physical specimen of the goods bearing the mark

Explanation: The 2019 reforms removed the 'graphical representation' requirement. A sign must now be represented in a manner that satisfies the Sieckmann criteria as codified: clear, precise, self-contained, easily accessible, intelligible, durable and objective. This permits, for example, MP3 sound files for sound marks and MP4 files for motion marks.

3In Sieckmann v Deutsches Patent- und Markenamt (Case C-273/00), the CJEU laid down criteria for the representation of an olfactory (smell) mark. What did the Court conclude about a chemical formula, a written description and a sample combined?

A.Together they satisfied the representation requirement

B.A sample of the scent alone was sufficient

C.None of them, individually or in combination, met the requirement of a clear, precise, self-contained, easily accessible, intelligible, durable and objective representation

D.A written description in words was always sufficient on its own

Explanation: In Sieckmann the CJEU held that for a smell mark neither a chemical formula, nor a written description, nor a physical sample, nor any combination of these satisfied the requirement of representation. The seven criteria the Court articulated (clear, precise, self-contained, easily accessible, intelligible, durable, objective) are now codified in UK and EU law.

4A UK trade mark registration, once granted, is initially valid for how long, and how is it maintained thereafter?

A.5 years from grant, renewable for 5-year periods

B.20 years from filing, non-renewable

C.Perpetual once granted, with no renewal required

D.10 years from the filing date, renewable indefinitely for further periods of 10 years

Explanation: Under section 42 TMA 1994 a registration is for a period of 10 years from the date of registration (the filing date). Under section 43 it may be renewed for further periods of 10 years on payment of the renewal fee, with no limit on the number of renewals, so long as it is renewed and not revoked.

5Which body administers the UK trade mark register and examines national UK trade mark applications?

A.The UK Intellectual Property Office (UKIPO)

B.The European Union Intellectual Property Office (EUIPO)

C.The World Intellectual Property Organization (WIPO)

D.The Patents Court of the High Court

Explanation: The UK Intellectual Property Office (UKIPO), the operating name of the Patent Office, is the national authority that examines and registers UK trade marks under the TMA 1994. Since Brexit the EUIPO no longer covers the UK, and WIPO administers the international Madrid system but does not itself grant national rights.

6An applicant files a UK trade mark application. After examination and acceptance, the application is published in the Trade Marks Journal. What is the principal purpose of publication?

A.To collect the registration fee from the applicant

B.To open a period (normally two months, extendable to three) during which third parties may oppose the application or file observations

C.To transfer the mark automatically onto the EU register

D.To start the five-year non-use clock immediately

Explanation: After acceptance, a UK application is published for opposition purposes. Third parties have an initial two-month window (extendable by one month by filing a notice of threatened opposition, TM7A) to oppose under sections 5 or 3, or to file observations under section 38. If unopposed, the mark proceeds to registration.

7What is a 'collective mark' under the Trade Marks Act 1994?

A.A mark owned jointly by two competing companies

B.A mark that certifies that goods meet a defined standard, owned by a certifying body

C.A mark distinguishing the goods or services of members of an association which is the proprietor of the mark from those of other undertakings

D.A mark registered in more than one Nice class

Explanation: Under section 49 and Schedule 1 TMA 1994, a collective mark is a mark distinguishing the goods or services of members of the association which owns the mark from those of other undertakings. It requires regulations governing use to be filed. It is distinct from a certification mark (section 50, Schedule 2), which certifies characteristics such as origin, material or quality.

8A 'certification mark' under section 50 and Schedule 2 of the TMA 1994 is subject to which key restriction designed to protect its function?

A.The proprietor must itself carry on a business involving the supply of goods or services of the kind certified

B.The mark may never be used by anyone other than the proprietor

C.The mark must be renewed every five years rather than every ten

D.The proprietor must not carry on a business involving the supply of goods or services of the kind certified

Explanation: Schedule 2 paragraph 4 provides that a certification mark shall not be registered if the proprietor carries on a business involving the supply of goods or services of the kind certified. This independence requirement protects the impartiality of the certifying function, so the certifier does not certify its own competing goods.

9Which of the following is a 'sign' that, in principle, can constitute a trade mark under section 1(1) TMA 1994, provided it satisfies the other requirements?

A.A single colour or a combination of colours

B.A pure idea or business concept

C.The quality of being well-made

D.A geographical fact about a region

Explanation: Section 1(1) gives a non-exhaustive list of signs including words, designs, letters, numerals, colours, sounds and the shape of goods or their packaging. A single colour (e.g. Cadbury purple) can in principle be a mark if represented clearly and shown to be distinctive, though such marks face strict scrutiny.

10What is the legal effect of registration of a trade mark under section 2 and section 9 TMA 1994?

A.It confers an absolute monopoly over the word in all contexts, including ordinary dictionary use

B.It confers a personal property right and the exclusive rights to use the mark, infringed by unauthorised use of the kinds described in section 10

C.It gives the proprietor copyright in the logo

D.It guarantees the mark can never be revoked or declared invalid

Explanation: Section 2 establishes that a registered trade mark is a property right obtained by registration, and section 9 confers exclusive rights in the mark which are infringed by use without consent of the kinds set out in section 10. Registration does not give a monopoly over ordinary language, copyright, or immunity from revocation/invalidity.

About the PEB Trade Mark Exam

The UK Trade Mark Attorney qualifying examinations, administered by the Patent Examination Board under IPReg regulation, are the written papers required to qualify and register as a UK trade mark attorney. A core paper covers the Principles of Trade Mark Law, grounded in the Trade Marks Act 1994 (as amended). Candidates must master registrability, absolute and relative grounds of refusal, infringement and defences, classification, the EUTM and Madrid systems, revocation and invalidity, and the common-law tort of passing off, applying both statute and leading UK and CJEU case law.

Exam sponsor: Patent Examination Board (PEB), regulated by IPReg. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Varies by paper (timed written examination)

Passing Score

Set per paper by the PEB

Exam / Certification Fees

Varies by paper (confirm on the PEB/CITMA website)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

20%

Trade Marks Act 1994 & Registrability

Definition of a trade mark (s.1), the post-2019 representation requirement and Sieckmann criteria, registration term and renewal, collective and certification marks, effect of registration (s.9), assignment (s.24) and licensing (s.28)

16%

Absolute Grounds (s.3)

Lack of distinctive character (s.3(1)(b)), descriptiveness (s.3(1)(c)), customary signs (s.3(1)(d)), functional and value-giving shapes (s.3(2)), deceptive marks (s.3(3)(b)), bad faith (s.3(6), Sky v SkyKick), and the acquired distinctiveness proviso

16%

Relative Grounds (s.5) & Earlier Rights

Double identity (s.5(1)), likelihood of confusion and global assessment (s.5(2), Sabel, Canon), reputation and dilution (s.5(3)), earlier rights and passing off (s.5(4)), proof of use (s.6A), and the average consumer

16%

Infringement (s.10) & Defences

Section 10(1)-(4) infringement and the functions of a mark (Arsenal v Reed, L'Oreal v Bellure), section 11 defences and honest practices, own-name and descriptive use, exhaustion (s.12), remedies (ss.14-16) and criminal offences (s.92)

16%

Classification, EUTM & Madrid

Nice Classification and IP Translator, the EU trade mark and its unitary character, the Madrid Protocol, Office of origin and central attack, post-Brexit comparable UK rights, and Paris Convention priority and well-known marks (s.56)

16%

Revocation, Invalidity & Passing Off

Non-use revocation and genuine use (s.46), genericide, fair specification, invalidity (s.47), acquiescence (s.48), surrender (s.45), and passing off - the classic trinity (Reckitt & Colman), extended passing off, and territorial goodwill (Starbucks v BSkyB)

Preparing for the PEB Trade Mark Exam

What You Need to Know

Passing score: Set per paper by the PEB
Assessment: Question count not published by the exam provider
Time limit: Varies by paper (timed written examination)
Exam / certification fees: Varies by paper (confirm on the PEB/CITMA website) Official sources

Using Our Practice Resources

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PEB Trade Mark: Suggested Study Strategy

1Memorise the structure of the Trade Marks Act 1994: s.1 definition, s.3 absolute grounds, s.5 relative grounds, s.10 infringement, s.11 defences, s.46 revocation, s.47 invalidity

2Learn the proviso to s.3(1): acquired distinctiveness before the application date can rescue a descriptive or non-distinctive mark

3Know the global assessment cases for confusion - Sabel v Puma (overall impression), Canon (interdependence), Lloyd Schuhfabrik (average consumer and imperfect recollection)

4Understand the three s.5(3)/s.10(3) injuries: blurring, tarnishment and unfair advantage (free-riding, L'Oreal v Bellure), plus the 'link' requirement (Intel v CPM)

5Master the passing-off classic trinity from Reckitt & Colman v Borden: goodwill, misrepresentation and damage, and the territorial goodwill point in Starbucks v BSkyB

6Track the 2019 reforms (graphical representation abolished, own-name defence limited to individuals) and Sky v SkyKick (2024) on bad faith and over-broad specifications

7Distinguish revocation (prospective, from the application date) from invalidity (retroactive, void ab initio), and know the five-year non-use rule and 'genuine use' test (Ansul v Ajax)

Frequently Asked Questions

What is the UK Trade Mark Attorney qualifying examination?

It is the set of written qualifying papers, administered by the Patent Examination Board (PEB) under IPReg regulation, that - with the required supervised practice and CPD - lead to registration as a UK trade mark attorney. A core paper covers the Principles of Trade Mark Law based on the Trade Marks Act 1994.

What law does the exam test?

Mainly the Trade Marks Act 1994 (as amended): registrability and the definition of a mark (s.1), absolute grounds (s.3), relative grounds (s.5), infringement (s.10) and defences (s.11), exhaustion (s.12), revocation (s.46) and invalidity (s.47). It also covers the Nice Classification, the EUTM and Madrid Protocol systems, passing off, and the leading UK and CJEU case law.

How many questions are on the exam?

The PEB qualifying papers are written problem and essay papers, so there is no published fixed multiple-choice question count. This free bank provides 100 multiple-choice questions covering the underlying UK trade mark law to support your revision.

Who regulates UK trade mark attorneys?

UK trade mark attorneys are regulated by IPReg (the Intellectual Property Regulation Board). The Patent Examination Board administers the qualifying examinations, and CITMA (the Chartered Institute of Trade Mark Attorneys) is the professional body that supports candidates and practitioners.

What are the most heavily tested topics?

Expect strong emphasis on absolute grounds (s.3), relative grounds and likelihood of confusion (s.5), infringement and defences (s.10/s.11), the classification and international systems (Nice, EUTM, Madrid), and passing off. Knowing statute sections and leading cases by name is essential.

How should I prepare for the trade mark papers?

Read the Trade Marks Act 1994 and the UKIPO Trade Marks Manual closely, learn the leading cases (Sabel, Canon, Sieckmann, Arsenal v Reed, L'Oreal v Bellure, Reckitt & Colman, Sky v SkyKick), and practise applying the statute to problem-style scenarios. Use these 100 practice questions to test recall and application.

Free Practice Questions for PEB Trade Mark

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