What is a trade mark?

A trade mark is used to distinguish the goods and services of one trader from those of another. Its function is to indicate the origin of the goods and services. It can be a word, phrase, letter, number, shape, logo, picture, packaging or a combination of these.

Why should you register a trade mark?

Trade mark registration is not compulsory. However, registration in each country in which it is intended to be used is recommended. A registered trade mark confers upon its owner the executive legal right to use, license or sell goods or services bearing the trademark within the country of registration.

One can sue for infringement of the registered mark if another party uses the same or similar mark on the same or similar goods or services in respect of which the mark is registered. If, however, the mark is not registered, reliance will have to be placed on the common law action of passing-off to protect the mark from imitation which would be more costly and time-consuming.

Is your trade mark registrable?

The trade mark law and practice differ according to the legislation in each country. However, some common objections to registration are that the proposed mark is nondistinctive, has direct reference to the goods or services applied for, is a surname or a geographical name. Further, the proposed mark must not be identical or similar to an earlier mark on the register.

It is therefore advisable to ascertain the availability of the proposed mark in a particular country by conducting searches on the relevant register to ensure that the proposed mark does not conflict with other pending or registered marks.

Specification of goods and services

The application must be filed in the correct class of goods or services as transfer of classes is not allowed in some countries. Multi-class applications are usually available.