3.3 Trademark

Described image
Figure 7 Well-known brands with their close alternatives

A trademark is typically seen as a ‘distinctive name, mark or symbol that is identified with a company’s products’ (Trott, 2008, p. 147). To be successfully registered, a trademark should:

  • be distinctive

  • not be deceptive

  • not cause confusion with previous trademarks.

The range of items for which a registered trade mark can be sought includes:

  • words

  • sounds

  • logos

  • colours

  • a combination of any of these

(Intellectual Property Office, n.d. c)

Despite these guidelines competitors do sometimes emulate well-known brands a little too closely, though this carries significant risks for all involved and is not recommended.

Activity 2 Well-known trademarks

Timing: Allow approximately 5 minutes to complete this activity
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3.4 Registered design