Trade Mark Registration: A Guide for SMEs

The Golden Rule

The golden rule, when selecting a name for your business or your brands, particularly if you intend to register the name as a trade mark, is that it should not describe the goods and services to which it will be applied. For example, it is unlikely that I would be able to register 'FLOWERS' as a trade mark, if my business was selling or growing flowers, as the name describes the goods I sell.

Good trade marks are ones that are made up or totally unrelated to the goods and services sold. Examples are Kodak for cameras, Amazon for books and Apple for computers. These names are ‘distinct’ and ‘distinguish’ these companies and their goods and services from their competitors. The extent to which a company can distinguish itself from its competition will significantly influence its customer loyalty and in turn increase the goodwill in the business