Trademark

A distinctive symbol that identifies particular products of a trader to the general public. The symbol may consist of a device, words or a combination of these. A trader may register a trademark at the Register of Trade Marks, which is at the patent office (see patent). This authorizes the trader to enjoy the exclusive right to the trademark for which it was registered. Any manufacturer, dealer, importer, or retailer may register a trademark. Registration is initially for ten years and is then renewable. The right to remain on the register may be lost if the trademark is not used or is misused. The owner of a trademark may assign it or subject to the Registrar’s approval, allow others to use it. If anyone uses a registered trademark without the owner’s permission or uses a mark that is likely to be confused with a registered trademark, the owner can sue for an injunction and damages or an account of profits. The owner of a trademark that is not registered in the register of trade marks but is identified with particular goods through established use may bring an action for passing off in the case of infringement.