All Practice Exams
100+ Free PEB Trade Mark Practice Questions
UK Trade Mark Attorney Qualifying Examinations (PEB) practice questions are available now; exam metadata is being verified.
✓ No registration✓ No credit card✓ No hidden fees✓ Start practicing immediately
100+ Questions
100% Free
Loading questions...
Same family resources
Explore More IP Agent Exams
Continue into nearby exams from the same family. Each card keeps practice questions, study guides, flashcards, videos, and articles in one place.
2026 Statistics
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
45
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 test your PEB Trade Mark exam readiness. 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 Practice Questions
Verified exam format metadata for UK Trade Mark Attorney Qualifying Examinations (PEB) is pending. The practice questions above remain available while official exam length, timing, passing score, fee, and administrator details are reviewed.