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Intellectual Property (IP) - Trade Mark  

How do I apply for a Trade Mark on my brand?
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A trade mark is primarily a badge of origin and it is used so that your customers will be able to recognise your product or business. A trade mark protects any sign or symbol that allows your customers to tell you apart from your competitors. You can register a name, logo, slogan, domain name, shape, colour or sound.

A trade mark must be:
  • Distinctive for the goods and services you provide
  • Not deceptive, or contrary to law or morality.

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).

Is my brand trade markable?

Not all applications made to register trade marks are acceptable. For your trade mark to be accepted, your trademark will have to be distinctive for the goods or services which you are applying to register it for.

But your trade mark must NOT be:

X  Deceptive, against the law, or against accepted morality
X  Descriptive of a characteristic of the goods or services.

Also, before making your application it may be an idea to check your name internationally as the IP office will not be able to register some marks because they are, or closely resemble, internationally protected symbols or names.

If your trade mark meets these requirements, you may want to consider applying for a registered trade mark direct by clicking here.

If you have a registered trade mark, please remember that you must renew it every 10 years to keep it in force.

 

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