Briefly About Trade Marks What is a trade mark? It is a sign which is used to distinguish the goods or services of one trader from another. It can be a word, phrase, numeral, letter, logo, smell, sound, shape, aspect of packaging or picture. It can also act as a key marketing tool in attracting and keeping customers; provide a point of difference between competitors and help increase the value of the business. Benefits of trade mark registration • Provides a right of exclusive use • Operates nationally • Can be legally enforced • Can be sold or licensed to others • Provides a competitive advantage Common trade mark errors From our experience we find that one of the most common errors people make is not conducting a search before adopting a new mark. The search is to ensure that the mark selected is available for use and registration and does not infringe any existing third party trade mark registrations. Failure to do so can lead to businesses having to immediately cease use of a mark if a pre-existing mark is found, and adopt a new mark with new advertising materials and branding. For a start up business, having to do this can be fatal to the business’ survival. Another error is assuming that a business or company registration provides exclusive trade mark rights, when it does not. Additionally, many people are unaware that once registered a mark should be used for all the nominated goods or services within a five year period following registration. Failure to do so places the mark in jeopardy of removal for all or part of the registered goods or services. EMAIL US FOR AN OBLIGATION FREE ESTIMATE OF COSTS