Examples of trade marks

7 November 2009

Trade marks

Trade Marks Act 1994 Section 1 states (1) In this Act a "trade mark" means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of

words ie THE TRADEMARKROOM or NIKE or PAUL SMITH 

designs ie the Swoosh in Nike.

letters ie B for Bench

numerals 501 Jeans

the shape of goods or their packaging ie the Coca Cola bottle. However as section 1 states under the Act any sign which can be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of another is prima facie registrable as a trade mark provided of course it is a trademark.

Domain names suffixes ie .com .co.uk do not matter. They are generally ignored see the Trade Marks Registry practice manual on this, its part of the trade mark and will not be the difference between two similar marks.  

 

Michael can be contacted via email on michael@trademarkroom.com.