Trade Marks: Badges of Origin
The Genuine Article
Your customers want to know they are buying the real thing and not a fake. By registering a trade mark to identify your business as the origin of your product, you are reassuring your market that your product is authentic - not a cheap knock-off.
Any feature that distinguishes your product or service from those of competitors is potentially registrable as a trade mark. Competitors may then not use that same distinguishing feature. The feature or badge may be a name or brand, a catch phrase, an emblem, a logo, a combination of any of the above, a sound, a smell, a shape - anything that can be somehow recorded or represented graphically.
If the badge you choose is deemed by the Registrar of Trade Marks not to be inherently adapted to distinguish your product offering from others in the market, you may still be able to prove it has become distinctive. This is achieved by demonstrating the your mark has become recognized in your market. This requires that you submit evidence of extensive use, for example in the form of advertising and sales growth records.
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