| A trade-mark is a distinctive sign of some kind which is used by a business to identify itself and its products and services to consumers, and to set the business and its products or services apart from those of other businesses. |
A brand is the hallmark of a type that a business uses to identify itself and its products and services to consumers, as well as to establish a business and its products or services other than the business of other companies. |
| Conventionally, a trade-mark comprises a name, word, phrase, logo, symbol, design, image, characters, logo, a domain name, a colour applied to a surface or a combination of one or more of these elements. |
Typically, a trademark contains a name, a word, a phrase, a logo, a symbol, a design, an image, symbols, a logo, a domain name, a color applied to a surface, or a combination of one or more of these elements. |
| There is also a range of non-conventional trade-marks which do not fall into these standard categories. |
There are also a number of non-traditional trademarks that do not fall into these standard categories. |
| The function of a trade-mark is to serve as an exclusive identifier of the source or origin of a product or service. |
The trademark function should serve as the sole identifier of the source or origin of the product or service. |
| "Because the purpose of a trade-mark is to distinguish the wares/services of a person by associating the wares/services with a single source, the trade-mark must be distinctive and remain distinctive of the single source." |
“Since the purpose of a trademark is to distinguish a person’s goods / services by linking goods / services to a single source, a trademark must be distinctive and remain a distinctive feature of a single source.” |
| A trade-mark owner seeks to enforce their rights or interests in a trade-mark by preventing unauthorised trade-mark use. |
The trademark owner seeks to enforce their rights or interests in the trademark, preventing the use of an unauthorized trademark. |
| For a trade-mark to be in "use" it must have public "impact". |
In order for a trademark to be in “use”, it must have a public “impact”. |
| As such internal company documents, such as letterhead, memos, reports, etc. are not sufficient unless they are used in outside correspondence. |
As such internal documents of the company, such as forms, notes, reports, etc., are insufficient if they are not used in external correspondence. |
