A trade mark can be any sign that is used in the course of business by a trader to distinguish the goods or services of one business from others trading in the same or similar goods or services. The trade mark must be capable of being represented graphically and may comprise a brand, colour, device, heading, label, letter, name, numeral, shape, signature, smell, sound, taste, ticket, word or combination thereof. The copying of the trademark without your permission may then entitle you to damages or an injunction against infringing activities.
- Trademark search
- Trademark prosecutions
- Response to office actions
- Trademark renewal and maintenance
- S8/S15/S71 Statement of use
- Trademark opposition
Anyone who claims to be the owner of a trade mark can apply for registration of that trade mark. You must however use, or intend to use, the trade mark in relation to the goods or services included in the application.
Any person who uses the mark without the authority of the registered owner may infringe the registration and the courts may prohibit such infringing use.
To obtain a trade mark, the sign must not be one that other traders may need to use to promote their own goods or services, such as a general descriptive term, a geographic word or common surname, and it cannot mislead the public about the nature of the goods or services.
A registered trade mark gives the trade mark owner the exclusive right to use that mark and to license other parties to use that mark throughout United States of America. As a result it gives the owner of the registered trade mark the right to prevent anyone else from using a trade mark that is identical or deceptively similar and from trading in goods and/or services associated with the registered trade mark.
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