The single largest source of intangible value in a company is its trade mark.

What is a Trade Mark?

A Trade Mark is a “sign” that distinguishes one business’s goods and services from another.  A trade mark is usually a word or logo but can also encompass a colour, three- dimensional shape, sound and smell.

Given Trade Marks enable consumers to easily identify your goods and services from your competitors (also making it easier to locate on the internet and social media), it’s incredibly important to pick a strong, unique mark that is not descriptive of your goods and/or services.

Once you’ve chosen your mark, doing your due diligence and conducting searches to ensure its availability is highly recommended.  At the end of the day, searching is a lot less costly than rebranding.

Why register a Trade Mark?

In the first instance, if your chosen mark is available, registering it will give you benefits over and above those which may accrue through use.  In particular, all registered Trade Marks are available to view on the Trade Marks Register. Being on that Register means other businesses can view your rights, potentially avoiding infringement before it even arises.

Secondly, a Trade Mark registration lasts forever – as long as the mark continues to be used and is renewed every 10 years.

Thirdly, a Trade Mark registration is a valuable business asset and can be licensed or sold if required.

Angela and the team at Infinity provide a depth of skill and understanding of intellectual property law and trade marks that is second to none. Angela brings experience and expertise to any business she works with, adding value and making sure that we are well covered.

Chris Bristol | New Zealand Pork Industry Board | Market Support Manager

What does a Trade Mark registration prevent?

Once you’ve registered a Trade Mark, it prevents another trader using an identical mark on identical goods/services.  It also prevents another trader using a similar mark on the same or similar goods/services, if it’s likely consumers will be confused or deceived. Registration also removes any need to prove reputation.

What is Trade Mark best practice?

  • Do your due diligence prior to adopting a new mark to ensure it’s available.
  • Protect your mark with Trade Mark registration.
  • Use the Trade Mark properly so it doesn’t become generic.
  • Enforce your Trade Mark rights.

You’re in safe hands
– Infinity IP owner Angela Searle is included in the

World Trade Mark Review’s
Top 1000 Attorneys Internationally.

Work with us

“The single largest source of intangible value in company is its Intellectual Property.” – Angela Searle

Working across New Zealand and Australia, we help you understand the value of your intellectual property and protect it so your ideas can shine and your business can thrive.

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At the heart of the practice are Angela Searle and Alan Chadwick.