What is a trademark?

Trademarks come in all shapes and sizes. Large and small. Worldwide and closer to home. Legally, any symbol which is able to distinguish the products or services of a company can be a trademark. However, a trademark must not be too descriptive, indicative or misleading for the products and services which will be offered under the trademark and for which protection will be requested. There are also trademarks which safeguard the common characteristics of different providers, referred to as collective trademarks (e.g. woolmark, kitemark). Specific requirements are imposed by law on the protection of these trademarks and Arnold + Siedsma will be pleased to advise you on all aspects of these trademarks.

The trademark concept is wide-ranging and comprehensive. Thus, for example, a trademark may consist of a name (word mark), an image or logo, combined word marks and logos, colour combinations, acronyms, digit combinations, slogans, and shapes of a product or packaging. In some countries, the sound or smell of a product may even constitute a trademark. All of these elements, on their own or in combination with one another, may form the unique “face” of a company, Organisation, product or service.