Trade Marks: Their Usage and Importance

Marketing, December 2, 1993 | Go to article overview

Trade Marks: Their Usage and Importance


Q: Why register a trade mark?

A: It is the most effective way of protecting the exclusivity of the reputation and goodwill associated with a particular product or range of products. Registration of a trade mark at the UK Trade Marks Registry gives the registered proprietor the exclusive right to use that mark in respect of the goods (or services) for which the mark is registered.

If another trader uses the registered mark (or a confusingly similar one), the registered proprietor of the mark can sue for infringement even though the other trader may have been totally unaware of the registration.

Its existence on the Register often deters others from choosing to use that mark when selecting a new brand name or from using the mark in comparative advertisements. Any business which regards its brand names, service marks, logos or other marks as valuable assets should protect those assets by registration.

Q: What can be registered as a trade mark?

A: It is commonly thought that only words or logos are registrable as trade marks, but in fact the range is much wider.

Registrations can be obtained for the get-up of a product (for example, the distinctive red and white get-up of a Marlboro cigarette packet), combinations of colours (for example, the green and red stripes of Gucci in respect of watches) and slogans (for example, Kentucky Fried Chicken's "It's Finger-lickin' Good".

However, to obtain registrations of these kinds, there must be evidence that the get-up, colours or slogan have become distinctive of a particular product or service.

Since the beginning of this year (under a new EC Directive), a range of more unusual marks may also be registrable provided they are in fact distinctive of a particular product. These include shapes (such as the shape of the "Jif" lemon), sounds and smells.

However, despite recent changes in the law, the Trade Marks Registry will still refuse registration of marks which are deceptive or offend morality or which are confusingly similar to marks already registered for the same or similar goods and services. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Trade Marks: Their Usage and Importance
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.