Trade Marks

Trade Marks are a sign which distinguishes goods & services of one trader from another.
They include words, logos, colours, slogans, three-dimensional shapes
A trade mark is a "badge" of trade origin.
They are used as a marketing tool - customers can recognise the product of a particular trader.
To be registrable it must also be capable of being represented graphically - in words and/or pictures.
Registration of a mark establishes that it is a trade mark and who owns it.
Registration gives the owner the exclusive right to use the trade mark and the right to prevent unauthorised use through a legal action for infringement.

Features

Trade mark protection only applies in the particular country or territory in which the mark is registered.
Not all names/logos are automatically registrable.
To be able to be registered a mark must be distinctive for the goods/services covered and not deceptive, or against the law or morality, not similar or identical to any earlier marks for the same or similar goods/services
A registered trade mark can’t automatically be used as a domain name and you are not automatically entitled to the trade mark if you have a registered domain name
The same mark may be registered by different proprietors for different goods/services.

™ symbol - the word/logo referred to functions as a trade mark, but is not necessarily registered.
® symbol - the word/logo referred to is a registered trade mark. The mark is registered somewhere in the world, not necessarily the UK.

It is a criminal offence in the UK to represent a
trade mark as registered when it is not.