Trade Marks
What is a trade mark?
Why register your rights?
Consequences of not obtaining a registration.
What is a Trade Mark?
A trade mark is any sign that is capable of being represented graphically that can distinguish the goods and services of one trader from those of another. Above all, a trade mark should be distinctive.
Some trade marks can also be protected as Designs, and Copyright may also be present to protect any artwork?
A trade mark must not:
Why Register a Trade Mark?
Consequences of not Registering a Trade Mark
If your trade mark is not registered, and a third party gains rights in the sign, you may have to stop use on certain goods and services, redesign packaging, begin a new promotion scheme and/or pay compensation.
Therefore, it is advisable to check the availability of your trade mark and apply for registration as soon as you decide to use it.
Trade marks can be registered in one or more of 45 internationally recognised Classes of goods or services.
Conflict with one already in use for similar goods or services
Directly describe your goods or services
Mislead consumers about the nature of your goods and services
Proof of ownership
Corporate identity
Brand recognition
A sign of quality
Important marketing and promotional tool
Add value to your goods and services
Inform competitors of one's rights
Distinguish between goods of competing traders
Raise awareness of one's products and services
Protection of a valuable business asset
Gives legal remedies against infringement
