PAGE 9 / 14 • Trademarks Table of Contents  
 
 
 
 
 
 
 

• If a trade mark becomes so familiar that it is an everyday term, the exclusive right to the use of the trade mark will be lost.

• The right can be lost through the owner's improper use and improperly managed licensing.

• Trade mark rights can also be lost through failure to control unauthorized use.

• In the case of a registered trade mark, it is the Company’s responsibility, not the Trade Marks Office, to monitor the marketplace and take legal action when necessary.

 
 
 

The test for trade mark infringement is the likelihood that the public would be confused by the use of two
names (or logos or names and logos) which are identical or so alike as to be confusingly similar.

 
 
PAGE 9 / 14 • Trademarks Table of Contents