Trade marks relate to signs which indicate the source of a product or service. Signs that may be registered include words, logos, sounds and smells. To be registered a mark must be able to distinguish the goods or services of the owner from the same goods or services provided by another trader. Generally, a mark must not be directly descriptive of the goods or services and must not be the same or similar to a mark already registered or applied for in respect of the same or similar goods or services. In the absence of use, geographic names are usually considered not to be distinctive. A mark that is not distinctive but is capable of becoming distinctive through use may be registered.
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A trade mark registration may be obtained for marks that are distinctive or capable of becoming distinctive.
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Trade Marks