About trade marks

A trade mark is best thought of an element of the overall brand.  In legal terms it is a sign which can be “graphically represented” – in other words, can be represented on the official forms in such a way that it is clear to all what is being claimed – and distinguishes you from others.  Common types of trade marks are words, images, logos, the shape of products or colour schemes.

The intention of registering a trade mark is to be able to stop others from using the same or a similar mark.  In choosing what elements of a brand to register as trade marks, this purpose should be remembered – trade marks should protect those things that you would want to stop others from using without your permission.  Wise brand protection comes from discussion of the business aims and threats to develop a portfolio of rights to try to defend the “space” a brand wants to take in the market.

Of course, not all elements of a brand can be protected as trade marks – sometimes other legal means can help protect a brands position.  This is where the experience of your advisors can be even more useful!