Requirements for trade mark registration

Is it a Trade Mark?

A trade mark could be described as:

• Any sign which can distinguish the goods and services of one trader from those of another.

These signs can include words, logos, pictures, sounds, smells, colours,  forms (3 dimensional marks) or any combination of these.

A trade mark is primarily a badge of origin, and it is used so that customers can recognise the product of a particular trader.

The mark  must also be able to be seen, or understood. You must graphically represent it on the application form.

Is it acceptable?

Not all applications to register marks are acceptable. To be accepted onto the register your trade mark:

must be

• distinctive for the goods or services which you are applying to register it for.

but must not be

• deceptive, against the law, or against accepted morality
• descriptive of a characteristic of the goods or services.

Also, we cannot register some marks because they are, or closely resemble, internationally protected symbols or names.

Does your trade mark meet these requirements?

Further advice is available where you can find out the likelihood of your trade mark being accepted. This advice could save you the expense of making an application which has little or no chance of being accepted for registration.