What is a Trade Mark?

In the United Kingdom, and through the European Union, a trade mark is "any sign … which is capable of distinguishing goods or services of one undertaking from other undertakings". This definition is very broad, and includes words, logos (or "devices" as they are often called), the shape of goods or their packaging, sounds or even smells.

A commercially successful trade mark should be attractive and relevant to the market in which it is to be used. It should also be distinctive, but not descriptive of the goods or services, so that it may readily be distinguished from competing trade marks.

This latter requirement is very important and easily overlooked in the selection process for a new trade mark. The more descriptive a trade mark is of the goods or services, the more effort will be required to educate the buying public that the trade mark is yours and not someone else’s. If a trade mark is too descriptive, or consists entirely of non-distinctive elements such as a common surname, place name, laudatory terms, or terms that competitors would legitimately be expected to use, then the trade mark may not be registrable, even after many years of use.