The basics

2 July 2010

What is a "trademark?”

 

Legal Definition:

A "trademark" is a word, name or symbol which is used to identify particular products or services offer by a particular manufacturer or from a particular source.

The trademark distinguishes and authenticates a product of a particular manufacturer from similar products offered by others.

Why should I trademark:

Owner of the trademark has the right to prevent others from using the same or similar trademark on their products.

How long is a trademark protected?

Usually a Trade Mark is protected for ten years from the date of filing  with an option of further renewable after this period.

Trademarks that are not registrable?  

A trademark will not be registered if it:

  • describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
  • have become customary in your line of trade;
  • are not distinctive;
  • are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods;
  • are specially protected emblems
  • are offensive;
  • are against the law, for example, promoting illegal drugs; or;
  • are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

 

Tim can be contacted via email on tim@trademarkroom.com.