Q. What is a trade mark?
A. A trade mark is a `mark’ which is used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person.


Q. What can constitute to be a trade mark?
A. Section 3(1) of the Trade Marks Act 1976 provides a number of definitions. Among these it is provided that a “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof. As the Act prescribes the use of the word “includes”, it is therefore clear that the definition given is not exhaustive.

Q. Why must I register my trade mark?
A. Registration of a trade mark grants the owner statutory protection and as such the owner will be entitled to bring an action of infringement under the Trade Marks Act 1976 if such a situation arises.

Q. What is the procedure for registration?
A. As agents, the necessary forms bearing a representation of the trade mark with the required information to be filed will be done by them.

Q. How long will it take for my trade mark to be registered?
A. As the procedure generally involves two stages, it may take between 3-5 years to complete the registration.


Q. What is the duration of the registration?
A. Registration is deemed to run from the date of filing for a period of 10 years. At the end of the period, the registration is renewable for a further period of 10 years.

Q. What are the rights attached to the registration of a trade mark?
A. Registration will principally grant the proprietor exclusive right to use the mark in relation to the goods for which it is registered. This means that he has the right to exclude use of the mark by others. Anyone who does so without his consent infringes that right and can be sued.