Trademarks FAQ (Part 1)

Q:    What kinds of things can be trademarked?

A:        A wide range of matters can be trademarked, including words, logos, phrases, and designs. Additionally, it is also possible to trademark non-traditional elements such as sounds, scents, and colors. However, the considerations given and requirements to be fulfilled slightly differ.

Q:     Is a single trademark registration able to give me exclusive rights

to use my mark on all of my products or services?

A:         One of the aims of trademark registration is to prevent confusion. If two companies are using the same mark for the same product, consumers would not know who they were buying from.

Therefore, the exclusive rights granted to a trademark owner are only limited to the specific products or services for which the mark is registered. Other businesses might be able to use a similar mark for completely different products or services. For example, 'MAXIS' is registered for telecommunication services while 'MAXXIS' is registered for tyres, both by different companies.

To help you fully understand this concept, we have put together a concise yet thorough article: Trademark NICE Classification: 'One' is all I need? 

Q:   Should a mark be registered in black and white, or in color?

A:         On one hand, registering the mark in black and white offers broader protection and flexibility to the trademark owner. However, you may want to consider registering your mark in colors if the specific colors are a key part of your brand’s identity.

The best approach would depend on your specific needs. Because of this, we strongly recommend consulting a competent trademark agent. They can help you weigh the pros and cons of each approach based on the nature of your mark and your business goals.

Q:   When a mark consists of a design and a slogan underneath,

should I register the components separately or together?

A:         Although registering the components together is simpler as it only involves a single application, registering them individually provides significant flexibility in how you use them in your business. Additionally, it offers a more focused protection for each element of the mark.

However, it is worth highlighting that registering them separately will involve additional costs as you have to file more than one application.

Q:   Is it possible to register as trademark a portrait of an individual?

A:         It is possible to trademark a portrait of an individual, provided that you have the individual’s written consent. It is best to include the written consent together with your application to expedite the registration process.

We have more than 10 years of experience in the field of intellectual property and have successfully assisted in solving many intellectual property issues.

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