PAGE 6 / 14 • Trademarks Table of Contents  
 
 
 
 
 

• A trade mark is a registration right.

• Registration gives the trade mark owner exclusive rights to prevent others from using its trade mark.

• Trade mark rights arise by registration.

• Limited trade mark rights can arise from unregistered or common law use.

 
 
 

• A trade mark may be a mark that is used by a person or company for the purpose of distinguishing or so as to distinguish goods or services manufactured, sold, leased, hired, performed by him or it from those goods or services manufactured, sold, leased, hired or performed by others.

• A trade mark may be a certification mark or hallmark.

• A trade mark may be a distinguishing guise or trade “get up”.

• A trade mark tells you who made something (goods) or who provides the services.

 
 
PAGE 6 / 14 • Trademarks Table of Contents