Trade marks help consumers find the products they know and like.
In Re Powell's Trade-Mark, Bowen J explained the function of a
trade mark in the following way1:
"The function of a
trade-mark is to give an indication to the purchaser or possible
purchaser as to the manufacture or quality of the goods - to give
an indication to his eye of the trade source from which the goods
come, or the trade hands through which they pass on their way to
the market."
This principal function of a trade mark is recognized in Section
17 of the Trade Marks Act 1995 ("Act"), which defines a
trade mark as follows:
"A trade mark is a sign
used, or intended to be used, to distinguish goods or services
dealt with or provided in the course of trade by a person from
goods or services so dealt with or provided by any other
person".