Trademarks & Trade Names

By Paul Sanderson

Unregistered names which are used in the market place can acquire common law rights as a trade name or trade mark on the basis that they are recognized by the public in any given geographic territory. In order to acquire rights, a trade name or trade mark must be distinctive, must not be confusing with another trade mark or trade name and must be used to distinguish particular services or wares in the market place. Because of lack of knowledge or because of the costs involved, many choose not to register their valuable trade marks or trade names. However, there are distinct advantages to registering and these are outlined below.

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Trademarks & Trade Names