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trade mark

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 his trade mark at the Register of Trade Marks, which is at the Patent Office (see *patent). He then enjoys the exclusive right to use the trade mark in connection with the goods for which it was registered. Any person or firm that has a trade connection with the goods may register a trade mark. For example, he may be the manufacturer, a dealer, importer, or retailer. Registration is initially for seven years and is then renewable. The right to remain on the register may be lost if the trade mark is not used or is misused. The owner of a trade mark may assign it or, subject to the Registrar’s approval, allow others to use it. If anyone uses a registered trade mark without the owner’s permission, or uses a mark that is likely to be confused with a registered trade mark, the owner can sue for an *injunction and *damages or an *account of profits.

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