A Trademark is a symbol, phrase, design or word that helps distinguish one manufacturer of goods
another. It is a key identifier of a company used all over the world. An example of a famous
Apple, which is represented by a bitten apple. This mark has no writing, so the image itself is
identifier for Apple. Similarly, a service mark follows the same features but is different
because it is
used to identify a service. An example of a well-known service mark is McDonald’s whose mark is
which is globally recognized by all ages since 1955.
Additionally, in certain circumstances, trade/service marks can also involve colours, music, and
example, Coca-Cola is well known for its red and white colour combination, and Nokia is known
Property and Intellectual Property
‘Intellectual property,’ however, has no physical embodiment that one can see, touch or feel such
literature and music. Trade names, artistic designs and digital programming are also part of the
intellectual property band. Like physical property, the intellectual property can be owned,
transferred, and/or licensed. Systems of ownership of intellectual property are relatively new
Trademarks adopt rights in two ways: 1) by registration, and 2) by using the mark first. Both
protected. By registering, you will gain many advantages from the federal law, including the use
symbol on your trademark. You will also have the ability to show others of your ownership to the
making it less likely for others to consume. Under common law, being the first to use a specific
also comes with certain rights that may stop others from using your mark. However, this can be
it does not come with as many benefits as a registered trademark would.
The more unique a trademark is, the less chance it has for it to be duplicated, which means more
It is also good to know that successful marks are normally those that have no relation to the
Before adopting a new mark, it is advisable to have a search conducted and evaluated by a
attorney. Someone else may already have rights to virtually the same mark, and it is better to
that or other potentially conflicting marks before you have made an investment in your new mark.
knowledge is normally not a defense to trademark infringement. The extent of searching that is
depends on the nature of the mark, the goods or services for which it is to be used, and the
which the mark is intended to be used. Basic searches typically focus on trademark registration
Usually, an application to register a trademark is made to the national trademark office in the
region where the applicant wishes to protect the mark. The application will usually include the
address of the applicant, a representation of the mark, a listing of the goods or services that
to be covered by the registration, and the official filing fee. In some jurisdictions, it may
necessary to file specimens showing how the mark is used. However, most countries do not require
be used before it is registered.
Trademarks are often used with designations or symbols, i.e. ®, also known as Reg., TM, and SM.
symbols work as trademark identifiers classifying whether or not a trademark is registered.
Trademarks use the symbols TM and SM to notify competitors and potential customers of their plan
legal and are used to discourage others from using them. Each designation is used for a
SM is used for a service mark, whereas TM is used for a trademark. The ® symbol refers to a
trademark. This small but powerful symbol will allow the owner to claim against infringement if
occurs. It is always a good idea to register your trademark to have secure benefits.
The protection of your trademark will depend on your country of registration which has its ups
Not all regional offices will give out the same benefits, so choose your country wisely so that
the all the information and protection you need.
Your mark should represent your business in a creative yet effective way, making sure the
your business accurately. It is only when your mark is used consistently, i.e same font type and
that your mark becomes respected and desired.