A trade mark is essentially a badge of trade origin which identifies the products or services of a particular source. In practice however trade marks have become much more than this. They are strong marketing tools used to attract custom and can substantially contribute to the success of a business.

A trade mark may consist of a word or words, a design, letters, numerals, a slogan, shape or any other sign capable of distinguishing the goods or services of one entity from others. There are provisions for registering smells, colours and sounds and other signs provided such can be represented graphically.

A trade mark Registration is a monopoly right to use of the mark registered in respect of the goods or services encompassed by the registration. The proprietor is entitled to prevent third parties from using the same or a confusingly similar trade mark in relation to identical or similar goods. Where a trade mark proprietor has an established reputation rights also extend to dissimilar goods.

Top of Page