A Beginners’ Guide - Trade Marks

A trade mark is a brand name or logo. Colours and shapes can also constitute a trade mark.

A trade mark must distinguish one party's goods or services from those of another party. A trade mark may be registered or exist at Common Law through use.

A registered trade mark gives the trade mark owner the exclusive right to use that mark and to license other parties to use that mark. Any person who uses the mark without the authority of the registered owner may infringe the registration and such infringing use may be prohibited by the courts.

Subject to the necessary renewal fees being paid, a trade mark can be kept in force indefinitely. However, if the trade mark is not used for a continuous period of three years then it may be vulnerable to removal from the Register at the action of a third party.