A trade mark is defined in the Trade Marks Act 1995 as a sign used to distinguish the goods or services of one person from those provided or dealt with by another person in the course of trade.

A trade mark can be a letter, number, word, phrase, sound, smell, shape, colour, logo, packaging or picture, or any combination of these features, that distinguishes goods and services of one trader from another.

When you register your trade mark, others are prevented from using that mark or a substantially identical or deceptively similar trade mark in relation to the goods and services for which the trade mark is registered. This is the case even if your trade mark has no reputation or is yet to be used in the marketplace, or the unauthorised use is in a completely different industry or market and is not confusing.

Yes! Registration of a business, company or domain name does not in itself give you any proprietary rights- only a trade mark can give you that kind of protection.

It is possible for the word(s) that comprise a trade mark to be registered by another person as a business name. However, in the event this occurs, a registered trade mark owner is able sue a business owner for infringing the trade mark if the business name owner uses it on goods or services similar to those covered by the trade mark registration.

It is therefore important when registering a business name to first take the precaution of checking that it does not infringe on someone else's trade mark. Hazan Hollander can assist by conducting trade mark database searches to help ensure that your business does not inadvertently infringe another person's trade mark rights.