What is a Trade Mark?

A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another.

Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). A slogan is a short phrase or a sentence, and a logo is a distinctive picture or symbol. They provide a distinctive identity in the marketplace and can apply to both products and services.

A trade mark is registrable if:

 It serves the purpose of distinguishing the goods/services of one trader from those of another trader

• It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services
• Has not become customary in your field of trade
• It does not represent protected emblems such as the national flag or a depiction of a national monument such as Table Mountain
• It is not offensive or contrary to the law or good morals or deceptive by nature or way of use
• There are no earlier conflicting rights