Trademark Law Explained

What a trademark is

A trademark is a sign that identifies the commercial origin of goods or services. It is not only a logo: in law it can be a letter, word, phrase, number, picture, shape, sound, smell, aspects of packaging, or a combination of these.

Its legal function is to distinguish one business's goods or services from those of competitors. That is also its commercial function: customers rely on it to recognise a product and the quality they associate with it.

Why it matters commercially

A trademark is a property right. It can be licensed, assigned, used as security and valued in a transaction. The strength of that right depends on how distinctive the mark is, how it has been used, and how consistently its owner has defended it.

A weak or conflicting mark is a liability rather than an asset. Businesses that discover a conflict only after investing in a name can face a forced rebrand, which is why the question of whether a mark is legally safe to use is best answered before launch rather than after.

This page is general information about the law and is not legal advice.