Trade Marks, What are they?

I have had people come to me and ask: "what is a trade mark?" some of them i have not had the chance to answer, that is why now would be the perfect time to do so.

A Trade Mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another.

Examples include:

§ Brand Name: VODACOM LESOTHO, COCA COLA

§ A slogan: "Life's Comfort Solutions - LCS"

§ A logo: The Nike tick, or the MacDonalds "M"

§ Specific shape: The Coca Cola bottle

Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken).

A slogan is a short phrase or a sentence and a logo is a distinctive picture or symbol.

They provide a distinctive identity in the marketplace. They can apply to both products and services.

When a Trade mark (brand name, slogan or logo) has been registered, in terms of the Industrial Property Order 1989, nobody else can use this Trade mark, or one that is confusingly similar. If this happens, legal action may result.

Must a Trade Mark be Registered?

A Trade Mark can only be protected as such and defended under the Order if it is registered. Un-registered Trade Marks may be defended in terms of common law. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered Trade Mark has the exclusive right to use that mark.