Interview: What is my trade mark?

 

Brands are all pervasive as virtually every good or service is sold under or by reference to a brand.  Brands are powerful for consumers in exercising purchasing decisions, in both good and bad economic times.  In fact, brand may be the only differentiator for businesses operating on a level playing field.

A trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

The definition of sign is very broad and includes any combination of the following, namely, any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.  This expansive definition reflects that unconventional trade mark branding in the form of audible, visual, tactile and olfactory branding have become more important in innovative trade mark and product strategy.

However, there is an overriding requirement that the trade mark must be capable of being represented graphically.

Given that brands are critical business assets, it is important to select a strong mark from the start.

This interview provides comments on the issues associated with selecting a trade mark, individual considerations for the range of possible trade marks, the concept of distinctiveness and the criteria for registering .com.au domain names.

 

Are you still in the process of selecting your mark / still reflecting on your chosen mark?