Trademark registration requirements
Is it a Trade Mark (Trademark)?
A trade mark (trademark) 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 (trademark) is primarily a badge of origin , and it is used so that customers can recognise the product of a particular trader.
The trade mark (trademark) 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 trade marks (trademarks) are acceptable. To be accepted onto the register your trade mark (trademark):
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
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