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What qualifies as a trade mark? - Dessington IP
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18 Sep What qualifies as a trade mark?

Posted at 16:21h in Are you a Start up?, Business by
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Any UNIQUE sign capable of distinguishing your products or services from that of another

It can be represented graphically for example, by a word, logo, picture, numerals, colour, pattern, a configuration, a shape even a container or sound provided they are distinctive and not in common use.

 

Your trade mark can’t:

  • be offensive, for example contain a swear word
  • directly describe the goods or services it will relate to, for example the word ‘soapie’ can’t be a trade mark for soaps
  • be misleading, for example use the word ‘organic’ for goods that aren’t organic
  • be too common, laudatory and non-distinctive, for ‘we are the best’ or ‘we care”
  • look too similar to country flags or international symbols like the red cross,
  • be a shape which is dictated by the product

 

 

What documents do I need to file a trade mark?

  • A Power of Attorney to be provided by your attorney and simply signed.
  • A representation of the trade mark in a word or jpeg document in black and white and colour if you are claiming colour.