A trademark brings product recognition

A trademark differentiates a firm's goods and services from the corresponding offerings of competitors. It is any kind of mark at all which can be represented graphically. A trademark can be a figure, one or more words, letters, numbers or the unique appearance of a product or its packaging. A trademark may also be a mark formed from a combination of figures and words, or a sound or slogan.

Symbols for which trademarks are granted must be distinctive from other, prior trademarks and business names, and may not be misleading. Neither may they infringe the rules of public order or good conduct.

While a patent  provides an exclusive right for a certain period, a trademark differs in that gives  the holder with a permanent right to a product's and its quality's image. In commercial terms, this means that no one other than the holder of the trademark may mark its goods with a confusingly similar mark.

Obtaining a trademark for your product

An exclusive right to a trademark may be obtained through establishment or registration. A trademark is regarded as having been established when it is generally associated with the holder's goods or services among enterprises and consumers within the area of commerce in question.

Registration applications should be made in writing to the National Board of Patents and Registration. The applicant must notify of the goods and services covered by the application. Registration has the advantage over establishment that the scope, precise contents and moment from which the right to the trademark is established can be easily demonstrated. In eventual disputes, this could be important.

A trademark gives ten years' protection, inclusive of the registration date. Registration can be renewed for ten years at a time, as many times as the holder wishes. 

Trademark protection abroad

International options include separate, national registration in each country in question, a community trademark or international registration as per the Madrid Protocol. Protection of broad geographical scope can be sought through combinations of these alternatives.

The applicant should take account of the potential market areas for the products in question and countries in which pirate products are common. He or she should also clarify whether trademark registration is generally possible in the country in question.

Further details on trademarks: National Board of Patents and Registration.