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It is an identification symbol (whether word, words, device or any combination of these) which is used in the course of trade in order that one person's goods may be readily distinguished from the similar goods of other traders.

What is a Service Mark?

The purpose is the same as a trade mark except that it is used in business to distinguish the service or services provided by one person from the similar services provided by others.

What is a defensive mark?

Owners of very well-known trade marks which consist of invented words may register these in respect of goods in relation to which they do not use or propose to use them. These additional goods must be of such a nature that it is reasonable to expect the public to assume that, if the mark is used in relation to them, it indicated it was the owner of the Registered Trade Mark who was using the mark upon and trading in those goods.   An example of this might be the word "eBay".

Why register a trade mark or service mark?

The registered trade mark provides the proprietor with the strongest form of brand protection available.  Basically, trade marks identify the products or services of traders.  In general the letters 'TM' after a brand name identify a trade mark of the business concerned.

Registration of a mark confers a statutory monopoly in the use of that mark in relation to the goods or services for which it is registered. The owner of a registered mark can sue for infringement of his registration if somebody else uses the same mark or one nearly resembling it in relation to the same goods or services. From the owner's point of view, this is a much simpler action than seeking recourse under common law by means of a "passing-off" action in which the owner of a mark is required to establish the mark is associated with his goods or services and the mark used by the other party is likely to cause the public to understand that party's goods or services arc those supplied or provided by him.

What about European  trademark protection?

Many businesses trading on the internet will be keen to protect their brands on a European basis.  A Community Trade Mark ('CTM') gives brand protection throughout all of the countries of the European Union.  A CTM will only be granted if there is no third party opposition based upon pre-existing national rights in any member states.  Where the application is successful, the CTM application can be converted into a series of conventional national trade marks in the countries in which there are no objections. The CTM provides a cost effective way of providing protection in a number of European countries, but anyone considering applying for a CTM should be aware that it takes a long time to obtain, usually 18 months to 2 years.  Should you require assistance in relation to European Community Trademark Application (CTA's) we will be happy to refer you to reputable and efficient trademark agents in a position to handle the application(s).

What's the first step in registering my business' trademark?

When registering a trade mark in the Turks & Caicos you must select one or more classes within which you want protection.  There are currently 42 different classes to choose from. For example, for firearms the appropriate class would be 13 whereas clothing footwear and headgear would be class 25.  In order to determine the appropriate class in you particular case you might look at the Classification of Goods and Services in the Turks & Caicos which we have put on this site for convenience.

Are all trade marks or service marks registerable?

No. Because of the statutory monopoly in a registered mark it would not be right to allow the registration of marks which consist of or are likely to be confused with words and/or other symbols which other traders or providers of services should be free to use in the normal conduct of their trading or business in relation to the same goods or services.  However, some such words and/or other symbols may be registerable if it can be established that through extensive use of them as trade marks or service marks they have become recognized as marks which distinguish one person's goods or services from those of other traders or businesses.

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