A trade mark is a name (frequently, but not always, made-up) logo or device (drawing) which is used to denote a connection in the course of trade between a business and its product.
Examples include such famous names/marks as DYSON® or HOOVER® although the latter has come to be used generically to a considerable extent and its value thus diminished.
Famously the shape of the JIF lemon pack in its characteristic bright yellow lemon shaped container is a trade mark.
There are many such other product related marks. The scope for trade marks has over recent years been expanded so that just about anything capable of graphic representation including e.g. a noise, may actually be registered as a trade mark.
Harley Davidson was, however unsuccessful in securing this particular form of protection. What is required is that the mark is capable of graphic representation and that it uniquely connotes an association with the business concerned.
There are 42 different classes in which trade marks can be applied for and it will often be the case that to secure the best level of protection application needs to be made in more than one class.
As with patents there are a number of different routes to protection depending on whether the applicant is only interested in domestic (UK) protection or whether it may wish to seek protection in Europe or elsewhere in the World.
Trade marks, unlike patents, do not have a fixed lifespan but can be renewed for successive periods of 7 years subject to paying renewal fees. Unregistered or “Common law” marks may also be protected against plagiarism if such activities are likely to give rise to confusion in the minds of members of the public but this will potentially be a more difficult matter to address than the infringement of a registered trade mark. Trade marks may also be applied for in relation to services provided by businesses in which case they are generally referred to as “Service Marks” and similar rules apply concerning application and protection.
You can contact Rowlands via email or call 0161 835 2020 to arrange a consultation with a Rowlands Intellectual Property specialist.