What must be included in my trademark for it to be registrable?
Section 10 of the Trade Marks Act 1976 (“TMA”) provides that for a mark to be registrable, it must contain at least one of the following:
• the name of an individual, company or firm represented in a special or particular manner;
• the signature of the applicant for registration or of some predecessor in his business;
• an invented word or words;
• a word having no direct reference to the character or quality of the goods or services not being, according to its ordinary meaning, a geographical name or surname; or
• any other distinctive mark.
Must I be the creator of the trademark for me to apply to register the mark under my name?
No, unlike copyright and industrial design law which confers first ownership to the creator of the intellectual property, trademark law confers ownership based on a first-use basis.
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