What is Trademark?
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.
A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.
A trade mark helps to identify the source and those responsible for the products and services sold in the market.
Importance of Trademark Registration
Trade marks registration provides for:
1. Exclusive Rights
Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
2. Legal Evidence
Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.