Anything that can be visually represented and reduced in writing can be registered as a trade mark. The mark has to be distinctive and capable of distinguishing the goods or services of your business.
A. Business or Product Name
Your business brand or product name that includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof can be protected by trade mark.
Your business logo where it is capable of being visually represented can be protected by trade mark. Your logo may also include a few words.
Your business slogan – a short phrase or description of your business – may be slightly more difficult to trade mark. All trademarks are required to be distinctive in order to be protected by trademark. Very often, slogans cannot achieve distinctiveness because slogans are widely recognised as tools of advertisement especially when compared to traditional signs such as words, logos and figurative marks. However, where the average customer is able to recognise your business slogan in relation to the goods or services of your business and where your slogan can be visually represented, your slogan can be protected by trade mark.
What you CANNOT trade mark:
A. Ideas and most articles
Ideas cannot be protected by a trade mark. Ideas which are patentable (i.e. novel, inventive and capable of industrial application) may be protected by patent law. In some cases, where the idea is not novel or innovative, but the design is original, you may protect the design by a registered design.
Methods cannot be protected by a trade mark. You may instead keep the method as a trade secret and protect the name of the method by trade mark.
C. Creative Expression
A creative expression in the form of an artwork, song, video or performance cannot be protected by trade mark, but it can be protected by copyright.
For further assistance, you may contact our brand consultant.