What is a trade mark

A trademark also known as brand name is a word, phrase, symbol or design that identifies and distinguishes the source of the goods of one party from those of others. Trade mark is used as a marketing tool so that customers can recognise any individual’s/any party’s products or services.

The trade mark has to be distinctive and unique for the goods and services that anyone/any party provide. It is recognised as a sign that signifies one’s goods or service different from others.

There are some familiar trade marks as below which do not describe the goods or services, and they are good examples of registered trade marks.

The above logos have been reproduced with kind permission of WH Smith Retail Limited and PZ Cussons (International) Limited.

Trade marks are not registered unless:

1.They describe goods or services or any characteristics of them, ie. marks which show the quality, quantity, purpose, value or geographical origin of goods or services;
2.They should become customary in a line of trade.
3. They should be distinctive and unique.
4.There are three dimensional shapes, if the shape is typical of the goods anyone is interested in (or part of them), has a function or adds value to the goods.
5. Should be specially protected emblems.
6. Should be offensive.
7. Should not be against the law, for example, promoting illegal drugs, etc.
8. Should be deceptive. There should be nothing in the mark which would lead anyone to think that the goods and services have a quality which they do not.

A registered trade mark is generally renewed every ten years to keep it in force.

The majority of the trade marks are the accepted as standard, but there are other marks as well that indicate particular standards for goods. The owner of the mark can be a member of an organisation.

If You want, find out more about these other marks before deciding whether you decide to register your mark.