What is a Trademark?
A trademark is any sign capable of being graphically represented which differentiates the good and services of one supplier from another.
An example of a trademark is the use of a unique name, logo or slogan to differentiate one fast food restaurant from another.
What is the criteria for obtaining Trademark protection?
The mark must be distinctive.
What types of marks may not be granted Trademark protection?
- Descriptive Marks (describes the trader’s goods and services)
- Generic Marks (words, shapes etc that are common to the trade)
- Confusingly Similar Marks ( too similar to another mark that has been filed)
- Deceptive Marks (tends to mislead the public)
- Marks contrary to Morality (may offend the public)
How long is a Trademark valid for?
Trademarks give rights holders exclusivity for a period of 10 years from the date of the application. Trademarks can be renewed every 10 years, indefinitely.
Does a Trademark grant worldwide protection?
Trademarks protection is jurisdictional. An application has to be made in every country the Applicant requires protection.
What are the rights of the owner of a Trademark?
Trademarks give rights holders exclusivity. It allows them a fair market where their goods and services are connected with their brand and they are able to build reputation and market value based on their use of their brand along with quality goods and/or services.
What are the benefits of Trademark protection?
The trademarks registry is separate and distinct from the companies registry and offers wider protection to companies.
The trademark owner is granted the right to compel similarly name companies or brands, operating in the same or similar trade, from using the similar name. This is an extremely important aspect of trademarking as other closely similar companies or brands can cause confusion in the market and can sometimes negatively affect a company’s reputation.
Trademarks assist in building consumer trust in the brand and/or company and makes it easier for companies to expand to further goods and services easier as the consumer connects the brand to a particular level of quality and reputation.
A trademark assists consumers in a busy marketplace to differentiate and choose your goods and services.
Registration of a trademark creates an asset in a company. This intangible asset can now be sold, licensed, franchised or commercially contracted in specific ways.
The registration of a trademark gives the owner prima facie proof that they own the rights to the mark and makes it easier to litigate matters against infringers.
The use of the trademark pending ™ or registered ® marks also help to put traders on notice and deter them from infringing on the company’s trademark.
Who can own a Trademark?
Trademarks exist in every industry. It commonly exists in the following industries:
- Business
- Fashion
- Entertainment
- Video Games
- Pharmaceutical
- Film
- Art
- Innovation
- Agricultural
- Chemical
- Construction
- Educational
- Health
- Tourism