As your brand is a sign that consumers use to identify your products or services, you want your brand to be unique. By registering it as a trade mark, you gain ownership of the brand name and exclusive rights to the use of it.
Your trade mark can be a word, sound, logo, colour or combination of these.
Your trade mark cannot be something offensive or a swear word. It needs to be distinctive, so cannot describe the products or services. For example, if you were a taxi driver you would not be able to trade mark the word ‘taxi’ as it is a word in common use and should be free for all to use. You cannot have a trade mark which can mislead your customers for example organic for products which are not organic. There are also protected words or pictures such as flags or crowns which cannot be trade marked.
You need to make sure that the trade mark is not already registered to someone else for the same products or services you are offering. This is not only identical marks but similar marks which could cause confusion in the marketplace. TradeMarkTribe can assist with searches and the application process.