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What is a Trademark?
A company's tasks are not confined to organisation and production, but also concern commercialisation of its products and services.
A company's goods and services, as well as its image, have to be visible on the market(s) where products and/or services are to be sold. The trademark is an indispensable instrument for communicating with the public. It also supports the development of the company. The trademark is therefore a key element of company policy; as a marketing tool it may even constitute the company's main asset.
A trademark does not just identify the manufacturer or the service provider: it establishes a trust-based relationship with the purchaser or consumer by inter alia offering a guarantee of quality and of origin, i.e. a Trademark guarantee that the goods and/or services will possess the same level of quality and will originate from the same company, authorising the customer to easily repeat his purchase.
A trademark must meet two conditions:
• a trademark must be a sign which can be represented in graphic form,
• and it must make it possible to distinguish goods and services from those of another company.
A Trademark accordingly usually protects a word, phrase, symbol, design, or combination of these things.
Here's the legal definition of a trademark:
“A trademark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.”
A trademark is not:
• A patent: this right protects the new physical characteristics of a product, or a new method.
• A copyright: this right protects an original expression (artistic or otherwise). For example, music, art, books, and website articles are subject to copyright.
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?