Similar criminal law provisions are written into the related Copyright Designs and Patents Act.

Section 1(1) (as of 14th Jan 2019) defines a trade mark as: "any sign which is capable—a) of being represented in the register in a manner which enables the register and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor, and b) of distinguishing goods or services of one undertaking from those of other undertakings."

A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals, colors, sounds, the shape of goods, or their packaging.

[8] Section 3(1) also contains a proviso that states: a trade mark shall not be refused registration by virtue of paragraph (b), (c) or (d) above if before the date of the application it has in fact acquired a distinctive character as a result of the use made of it.

The introduction of new primary legislation for trade marks in 1994 enabled the government to make a number of changes beyond merely implementing the EU directive.