A trademark can be any sign, word, symbol or design or a combination thereof and is used to identify or distinguish your goods or services from those of your competitors; for example, a brand, product or company name, or logo. The trademark indicates the source or ownership of the goods or services, and can consist of words, logos, images, slogans, shapes and colours, or a combination of all of these. For example design (e.g. the Coca-Cola bottle), colours (e.g. the yellow of Yellow Pages), family names (e.g. Louis Vuitton), words (e.g. Nike, Adidas), logos (e.g. Mercedes, Apple).

The mark carries a value to its owner which should be protected to prevent someone else from using a similar or even identical company name or brand. The symbol ® denotes that the trademark is registered and protected under trademark law while the sign ™ is commonly used to denote the use of an unregistered trademark by the company.

1. Trade Marks Act 1976
2. Trade Marks Regulations 1997
3. Trade Descriptions Act 2011

In order to register a trade mark, the sign must satisfy the requirements under Section 10 of the Trade Marks Act 1976. Section 10 is set out as follows:

1. In order for a trade mark (other than a certification trade mark) to be registrable, it shall contain or consist of at least one of the following particulars:
   1. the name of an individual, company or firm represented in a special or particular manner;
   2. the signature of the applicant for registration or of some predecessor in his business;
   3. an invented word or words;
   4. a word having no direct reference to the character or quality of the goods or services not being, according to its ordinary meaning, a geographical name or surname; or
   5. any other distinctive mark.
2. A name, signature or word, which is not described in paragraph (a), (b), (c) or (d) of subsection (1) is not registrable unless it is by evidence shown to be distinctive.
   1. For the purposes of this section, “distinctive”, in relation to the trade mark registered or proposed to be registered in respect of goods or services, means the trade mark must be capable of distinguishing goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered, subject to conditions, amendments, modifications or limitations, in relation to use within the extent of the registration.
   2. In determining whether a trade mark is capable of distinguishing as aforesaid, regard may be had to the extent to which:
      1. the trade mark is inherently capable of distinguishing as aforesaid, and
      2. by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distinguishing as aforesaid.
3. A trade mark may be registered in the Register in respect of any goods or services.

The definitions set out below provide guidance as to what marks are not registrable:

1. Generic marks - marks which contain a generic term or common word will be objected to. For example, if a company intends to register the trademark 'CHAIR' to sell chairs, the mark will not be approved since “chair” is the generic term for the product.
2. Likely to deceive or cause confusion/contrary to law - marks which are likely to deceive or cause confusion to the public (i.e. conflict with earlier marks) or would be contrary to law.
3. Scandalous or offensive matter - marks comprise any scandalous or offensive matters that would not otherwise be entitled to protection in any court of law.
4. Prejudicial to the interest or security of the nation - marks that are or might be prejudicial to the interest or security of the nation and may contain an inflammatory statement or words.

Set out below are 4 points demonstrating the importance of registration of a trademark:

1. Exclusive rights - registered trademarks owners have exclusive right to use their marks in relation to their goods or services. A trademark owner also has the right to commence legal action for infringement against others who use their marks without consent.
2. Economic function - an established registered trademark with a good reputation is often regarded as a valuable asset as it may be sold, bought, assigned, licensed or franchised to a third party.
3. Protection against registration of similar confusing marks - a trademark registration provides official notice to others that your trademark is already taken; consequently, a company that later adopts a confusingly similar trademark cannot claim ignorance of the trademark.
4. Legal evidence - a registration certificate, which is issued by the Registrar's Office, is evidence of trademark ownership and serves as an important document to establish the ownership of goods exported to other countries.

Trademark registration is valid for 10 years from the date of application and may be renewed every 10 years.