A trademark may be any sign (for example, words, letters, numerals, or devices/logos) which is used in relation to a trader’s goods or services, for the purpose of distinguishing those goods or services from goods or services provided by other competitors.
A trademark is registered with respect to certain goods or services on which it is intended to use the mark, and these goods and services must be specified when filing the application. Registration of the trademark gives its owner the exclusive right to use the trademark in relation to the goods and/or services specified in the registration.
To be registrable, a trademark must not be identical or confusingly similar to any earlier trademarks or other earlier rights, and accordingly it is advisable to have a search conducted prior to filing a trademark application to determine whether there exist any earlier, potentially conflicting trademarks. In addition, to be registrable, a trademark must also be inherently registrable (i.e. capable of distinguishing the goods and services from those of other competitors, having a distinctive character, and not purely descriptive of the nature of the goods/services that are to be identified by the mark).