A trademark is in essence a means to identify a specific product or business. A trademark is a mark which can be represented visually. In this regard, it is not currently possible to obtain trademark registrations for a smell or sound. The function of a trademark is to distinguish the goods and/or services of one trader from the goods and/or services of another trader in the same sector. Marks which may qualify for trademark protection include devices, names, signatures, words, letters, numerals, shapes, configurations, patterns, ornamentation, colour combinations, containers for goods, or any combination of the aforementioned. Examples of famous word trademarks include McDonald’s, REVLON and MICROSOFT.
In the trade, trademarks are often applied to the following:
• Trading names.
• Business names.
• Trading styles.
• Packaging of products.
• Slogans/pay-off lines.
• Websites and domain names.
• Advertising material.
• Stationery including letterheads, business cards etc.