Legal Speak Made Easy

“Trade Mark”

A trade mark is a brand name, slogan or logo that identifies your services or goods and distinguishes it from the goods and services of other businesses.

Registration gives you easily enforceable rights to use or licence the mark, and to stop others from using it (or one that is confusingly similar). Without registration, you must prove another ground for protection, such as “passing off”. Your mark can be protected forever but must be renewed every ten years. Note that trade mark rights are inherently territorial, so local registration doesn’t ensure international protection.

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