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Home » Intellectual Property »
Trade marks are badges of origin. They distinguish the goods or services of one trader from another and can take many forms such as words, slogans, logos, shapes, colours, and sounds. For example, a red bus is associated with London buses and a triangular shape chocolate bar is the shape of a Toblerone.
When you register your trade mark, you’ll be able to:
Trade mark protection is usually within a particular business industry. This means one industry, such as car manufacturing, can use the same or similar trade mark that another industry has, such as a clothing line, without infringing any copyright laws. For example, the name ‘polo’ is used able to be used as a car brand, a clothing brand, and a confectionary brand. This is why it is important for each business to apply for a trade mark within its industry categorisation.
Your trade mark can include (or be a combination of any of these):
You may not be able to register your trade mark if it’s the same as or similar to a trade mark of another business that sells the same goods or services.
Word mark
A business can apply for a ‘word mark’ if they feel a logo isn’t necessary. Word(s) that have been trademarked cannot be used in any way by anyone or any other business within the same industry categorisation.
For example, the word/name ‘Delta’ is used in brands from airlines to faucets to power tools.
Logos and words
A business can apply for a ‘logo and word’ trade mark to protect their brands intellectual property. This involves a brand name that is associated with a shape within the name.
For example, the smile within Amazon’s name and logo or the underline of Tesco’s name and logo.
Logos
A business can trade mark a logo, shape, or image only. This is mostly used by companies that are well-known for their logo or image.
For example, Penguin Books are known for its penguin image logo, Apple is known for its apple with a bite shape, and Nike is known for its tick shape.
You can also decide not to register a trade mark (unregistered trade marks) and still take legal action if someone uses your brand identity without your permission. A common law action called ‘passing off’ can be used in this case, but relying on this can be difficult and it is not recommended.