A trade mark is a word, phrase, slogan, symbol or design which may be used to identify the source of goods or services It acts like a badge and provides the holder with the exclusive right to use the mark for the holder's goods and services and prevent other persons or businesses from using the same mark for their own goods and services as a means of benefiting from the holder's existing business or goodwill Trade marks may be registered under statute or simply exist at common law
a trade mark is another of those rights, along with a patent and a copyright, which form that branch of the law known as intellectual property If someone carries on business using a particular device, mark, name, logo or design then they do so with the benefit of a trade mark Some trademarks are capable of registration, although there are strict rules as to what can and cannot be registered An attempt by someone to trade under the trade mark of another amounts to a passing off and is actionable in the courts
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and services of one trader from those of another
Four marks used by merchants and other to identify their products and services: (1) true trademarks, (2) service marks, (3) collective marks, and (4) certification marks