Q. I have designed a logo which incorporates my firm's name. Is this capable of being a "Trade Mark" and if so should what are the advantages of registering it?
A. A trade mark is a sign which is used by traders to differentiate their goods from those of other traders. It is a way of saying "this is mine" or "I made this" (think of a farmer branding his sheep or early potters marking their pots with a thumb print). Consumers look to brands to give them reassurance as to their primary concern when deciding whether or not to buy, whether that concern is about the quality, the price or the novelty of the product.
Any sign which can be represented graphically and which is capable of distinguishing the product can be registered as a trade mark and a trade mark can, therefore, consist of words (for example, Microsoft, U2, or even Patterson, Glenton & Stracey Solicitors!), slogans (Britain's Oldest Provincial Newspaper), designs (the Guinness harp), letters (MFI), numerals (501 jeans), internet domain names (lastminute.com), sounds (Directline's trumpet jingle) and even colours (Heinz use of turquoise on their tins of baked beans).
A registered trade mark grants the owner an exclusive right to use and commercially exploit the mark and also allows them to sue any person who uses an identical or similar mark for trade mark infringement. Brand loyalty is a highly-sought prize and trade mark creation, management and protection are therefore critical to any business seeking to obtain and maintain brand loyalty and ensure commercial success.
