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The owner of a trade mark may pursue legal action against trade mark infringement. Most countries require formal registration of a trade mark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognise common law trade mark rights, which means action can be taken to protect an unregistered trade mark if it is in use. Still common law trade marks offer the holder in general less legal protection than registered trademarks.
A trade mark may be designated by the following symbols:
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™ (the "trade mark symbol", which is the letters "TM", for an unregistered trade mark, a mark used to promote or brand goods)
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℠ (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services)
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® (the letter "R" surrounded by a circle, for a registered trade mark)
A trade mark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trade marks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound. A trade mark cannot be offensive. The term trade mark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trade mark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States of America.
The essential function of a trade mark is to exclusively identify the commercial source or origin of products or services, so a trade mark, properly called, indicates source or serves as a badge of origin. In other words, trade marks serve to identify a particular business as the source of goods or services. The use of a trade mark in this way is known as trade mark use. Certain exclusive rights attach to a registered mark.
It should be noted that trade mark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trade mark objections. Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trade mark Classes (1 to 34 cover goods, and 35 to 45 services). The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.
Our team at Vigour IP, have the expertise to cater for all your trade mark requirements. We can edit, reproduce and retouch practically any electronic image file, removing limited features for broader claims. We also provide a complete logo reproduction service if the original file is not of a sufficient quality or resolution. This will ensure that the application is filed without any problems or objections that may have previously arisen. Our Trade mark department have an exhaustive library of font typefaces which can be utilised, eliminating the need for the redrawing of a font. This can significantly reduce reproduction costs and ensure a quick service to our clients.
Once we have client approval, the final artwork can be sent via email as a high resolution PDF or Jpg file if filing electronically.
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