| 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 trademark is a distinctive sign of some kind used by a business to identify itself and its products and services to consumers and set the business and its products or services apart from those of other businesses. |
| 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. |
Conventionally, a trademark comprises a name, word, phrase, logo, symbol, design, image, characters, logo, domain name, 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 is also a range of non-conventional 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 function of a trademark is to serve as an exclusive identifier of the source or origin of a 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." |
"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." |
| A trade-mark owner seeks to enforce their rights or interests in a trade-mark by preventing unauthorised trade-mark use. |
A trademark owner seeks to enforce their rights or interests in a trademark by preventing unauthorized trademark use. |
| For a trade-mark to be in "use" it must have public "impact". |
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 company documents, such as letterhead, memos, reports, etc. are not sufficient unless they are used in outside correspondence. |
