What is a Trademark?
Trademarks include word(s), logos and slogans and are generally used to distinguish particular goods and services from those of others within a particular channel of trade or industry. To elaborate further, section 2 of the Trade-marks Act defines a trade-mark as:
(a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired, or performed by others;
(b) a certification mark;
(c) a distinguishing guise; or
(d) a proposed trade-mark
The owner of an effectively utilized trademark will recognize that trademarks not only assist in differentiating their offerings from those of competitors, but they may also assist in developing market identity within a particular industry while, over time, establishing a measure of goodwill resulting from the positive reputation accrued through successful usage of the trademark.
For the consuming public certain trademarks become identified with an overall "brand". For example, the mark is used not only identify a product, service or its source, and as a means of assuring quality and/or authenticity. As a "brand", trademarks may serve to satisfy social and/or self-expressive needs through identifying with certain characteristics of associated wares or services such as quality, performance, safety, social/environmental awareness (i.e. fair trade), prestige, etc. Indeed, the acrual of goodwill along with the development of such characteristics has permitted many rights holders to expand the scope of their businesses into trade channels differing substantially from their initial efforts by simply utilizing a trademark connoting particular characteristics (i.e. construction machinery and related equipment) and crossing over into a field in which such characteristics are equally as valued in the minds of consumers (i.e. work boots). When contemplating the adoption of a trademark, consider your "brand", your corporate values and future direction(s) since your marketing approach may enhance the reception of your products and services over the long term.
