Trademarks and service marks are words, names, symbols, ordevices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others. A trade mark must be distinctive for the goods and services provided. In other words it can be recognized as a sign that differentiates your goods or service as different from someone else’s.
Most businesses are aware of their brand or branding and rightly see it as their corporate image and know it is of vital importance to their business, but often do not realize how vulnerable it is at the same time. In order to protect it properly, it should be registered as their trade mark.
Here are some of the many benefits that arise from trade
• It helps you to protect your business identity.
• It protects you against others using the same or similar trademarks.
• It provides “concrete proof” of your legally protected rights.
• It removes the need to rely on “common law” rights (passing off).
• Registration protects against others who trade in the same, but defective goods/services. This may lead to your reputation being ruined.
• It is an asset, it has value:
• It may be licensed
• It may be franchised
• It may be sold