Does Your Brand Name Qualify as a Trademark?

Your brand name should be capable of distinguishing your product or service from others and it can include:

• sign;
• symbol;
• design;
• word;
• colour;
• any combination of the above;

However, your brand name cannot be:

• descriptive of your goods or services;
• 3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;
• deceptive;
• contrary to public order or morality;
• state symbols, flags, names and emblems;

Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration.

For more information or assistance, you can reach us at [email protected]