What is a Trade Mark?
Until quite recently, the means of identifying one trader’s products from those of another would be by a word mark and perhaps also an accompanying device mark. These marks would be registered and then relied on to maintain the trader’s market position. This traditional world has been overturned by recent changes in marketing and advertising practices. Nowadays, in order to maintain his market position, a successful trader often has to have, in addition to the traditional word and device marks, packaging with a distinctive design in terms of colour and, if possible, shape, a slogan that appears both with the product and separate from it, and an advertising jingle or tune that, when heard, will immediately bring the product to mind. The development of these new practices has led to a recognition, both by the public and by most trade mark authorities, that a trade mark can now take many different forms.
A trade-mark is a word, a symbol, a design (or a combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace. Trade-marks come to represent not only actual wares and services, but the reputation of the producer. As such, they are considered valuable intellectual property. A registered trade-mark can be protected through legal proceedings from misuse and imitation. There are three basic categories of trade-marks: • Ordinary marks are words or symbols (or a combination of these features), that distinguish the wares or services of a specific firm or individual. Suppose you opened a courier business which you called “Giddy-up.” You could register the words as a trade-mark (assuming all legal requirements were met) for the service you offer. • Certification marks identify wares or services which meet a defined standard.
A trade-mark is a word, a symbol, a design or a combination of these elements used to distinguish the goods or services of one person or organization from those of others in the marketplace. Trade-marks come to represent not only actual goods and services, but the reputation of the producer. As such, they are valuable intellectual property. A registered trade-mark can be protected through legal proceedings from misuse and imitation.
