- Creating a distinctive mark
- Ensuring it doesn’t conflict with any other mark for which registration has been applied for or obtained
- Protecting that mark
Although registering a trade mark isn’t essential – the owner can rely on common law rights – registration offers you significant advantages:
- It can establish a right even before the trade mark is used, and may simplify infringement proceedings considerably
- Registration also serves as a notice to others of proprietary rights claimed in a trade mark
When selecting a trade mark, adopt one which:
- Is distinctive
- Doesn’t comprise a surname
- Doesn’t describe the nature or character of the goods or services
- Isn’t laudatory
- Isn’t a geographical name.
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