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Frequently Asked Questions
A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.
Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.
- The name of a company, individual or firm represented in a special manner;
- The signature (except in Chinese characters) of the applicant;
- An invented word;
- A word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or
- Any other distinctive mark.