A trade mark is how your customers identify your goods and services. For this reason, trade marks are valuable assets which play a key role in the commercial success of any business.

If your trade mark is an invented word or a word which is not associated with your goods/services, your trade mark is more likely to be considered distinctive.

A Trade Mark is a sign (such as a word or device or sound or even smell) used by a business to distinguish their goods or services from those of their competitors.

Trade Marks can be unregistered or registered. Unregistered marks are typically indicated using the symbol ‘TM’, whereas registered marks are indicated using the symbol ® next to the trade mark. However, unregistered marks are difficult to enforce. By registering your mark, it is significantly easier to prevent other businesses from using an identical or similar mark in the same or a similar area of business.

Does your trade mark simply describe a characteristic of your goods/services i.e. does your trade mark only show the quality, quantity, purpose, value or geographical origin of your goods/services? For example, the following marks would not be considered registerable in the UK:

COFFEE SHOP for a cafe – this trade mark is too descriptive

GREAT PENS for a pen maker – this trade mark indicates quality as well as being descriptive

Distinctive

Is your trade mark distinctive for your goods/services? For example, the following mark would not be considered registerable in the UK:

TWENTY FOUR SEVEN – this expression is commonly used in the marketplace and lacks distinctive character.