Trademarks

A trade mark is the means by which a business identifies its goods or services and distinguishes them from the goods and services supplied by other businesses.

The Trade Marks Act, 1996 defines a trade mark as “any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings”

A trade mark may consist of words, (including personal names), designs, logos, letters, numerals or the shape of goods or of their packaging, or of other signs or indications that are capable of distinguishing the goods or services of one undertaking from those of others.

Any person or company etc who uses or proposes to use a Trade Mark can apply to register that mark.

An application may be made either before the mark is put in use or afterwards.