Trade mark is a sign of serious commercial intent and protects/ increases the goodwill of the owner’s business. It is seen as an evidence of ownership. A trademark gives the owner legal recourse against illicit use.
What are register able trademarks – Generally, the following can be registered as trademarks.
(i) Invented words – one or more;
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(ii) A word, or combination of words, a logo, device, symbol, phrase, design, or a combination of any of these which do not directly allude to the character or quality of the goods or services;
(iii) Words without geographical significance and words which don’t connote a personal name, surname or common abbreviation;
(iv) A trademark which has acquired distinctiveness through use over a fairly long period of time.
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The use of the ™ and the symbols:
The ™ symbol is alert to the users/public that the mark bearing this symbol is being used in commerce, and/or that an application for registration of the mark is pending at the Trademarks Registry.
The ™ symbol however can only be used against marks which have already been registered by the Registry. The use of this symbol on a mark which is unregistered constitutes a criminal offence.