What is a Trade Mark?
Yes, but who is he?
"Trademark" is another word for a brand, business name, slogan or logo. Trade marks identify the goods or services of a business and differentiate them from the goods or services of another. They are the commercial magnets to which the goodwill of a business attaches and they are registrable in order to secure their protection.
Their registration gives the exclusive right to use them as brands and to legally stop imitators.
Different Types of Trade Marks
Examples of the different forms a trade mark can take include:
- Brand or Business Name:
- WIMPY
- A slogan:
- "simpler, better, faster" (Standard Bank)
- A logo:
- The Nike tick "v", or the MacDonalds "M"
- Specific shape:
- The Coca Cola bottle or the Weber kettle braai
Thus a brand name is a word or combination of words (e.g. “Kentucky Fried Chicken”). A slogan is a short phrase or sentence and a logo is a distinctive picture or symbol. They are valuable commercial assets which provide a distinctive identity in the market place, can be applied to both products and services and can be registered as trade marks.
Company and Domain Name registration is not protection. Only registration as a trade mark is. A trade mark registration endures for 10 years (South Africa) and is renewable every 10 years thereafter.