A trade mark is a "sign" used by a person or business in relation to goods or services the person or business deals with commercially. The trade mark enables consumers or customers to identify the goods or services so they know what they are getting. It allows them to distinguish those goods or services from similar good or services provided by others.

Examples of trade marks are your brand of toothpaste, the name of your favourite fast-food outlet, and the name of our firm, Ascot Martin.

Why register a trade mark?  (To learn about a common misconception relating to the difference between registering a business name and a trade mark, click here.)

The basic purpose of registering a trade mark is to prevent other people from using a similar mark for similar goods or services. You may ask why this is so important. If your competitor were allowed to use a similar mark to yours, this would be likely to cause confusion in the marketplace, so that consumers or customers might pay for your competitor's goods or services believing them to be yours. By having your trade mark registered, you essentially have a statutory right to prevent others from misusing the mark in this way.

While there are other remedies under the common law and under the trade practice legislation, the remedies under these laws may be more difficult to achieve, or costly, and therefore registered trade mark protection is likely to be significantly more effective.

Once your trade mark is registered and protected, this should allow you undisturbed use of the mark for the goods or services which it covers. This, in turn, can allow you to continue to build your reputation in the mark and the strength of your brand in the marketplace.

A trade mark can be one of the most valuable assets of a business.

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