The two key words in the legal definition of a trademark are probably ‘sign’ and ‘distinguish’. A sign can be much more than one may expect. The most obvious signs or trademarks are words. Word marks can consist either of an existing term or a coined word. Other common marks are logos (or ‘device marks’) or a combination of one or more words and an image.

Other signs may also help very well to distinguish certain products from others. The label on a product, the colors and shape of the product or of its packaging and combinations of these may also fulfill this role. There are also less evident signs that may also function as trademarks like sounds or smells. The definition is not exhaustive. Again, basically any sign may be regarded as a trademark as long as it fulfills its distinctive role.

The other essential word is to ‘distinguish’. Not all signs are able to distinguish goods (or services) for various reasons. Words may describe the product itself or certain qualities or features for a product. In that case, such a word can by definition, not at the same time distinguish certain of those products from the same products from another company.

Other words were originally distinctive signs/trademarks but have become generic as a consequence of generic use of it. There are signs that are so commonly used that the public cannot distinguish goods from other goods, so they are simply non-distinctive.

The majority of countries have legal systems requiring that a trademark is registered in a specific trademark register. Or that at least an application for registration of the trademark is filed with the authorities that maintain the trademarks register. These trademark registers are open for inspection by the public. They allow third parties to check if a certain mark is registered or filed for and what the exact status of the application or registration is. This is essential information for companies that want to introduce a new product under a new trademark. Before the launch (and final selection) of such a trademark research has to be done to verify whether the new trademark infringes upon the (trademark) rights of third parties.

Under a Treaty known as the Paris Convention, an Applicant can within 12 months, seek Patent protection in another member country and claim priority back to the date on which the first application was filed.

Copyright gives the creators of certain kinds of material the right to control the ways their material can be used. These rights begin as soon as the material is recorded in a tangible medium of expression. The owner of a copyright in particular material may prevent others from doing any of the following

• copying;
• adapting or creating derivative works;
• distributing;
• communicating to the public by electronic transmission;
• renting or lending copies to the public; and,
• performing in public

1. original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases, but not names, trademarks, phrases or slogans.
2. original dramatic works, including choreographic works of dance or mime;
3. original musical works;
4. original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;
5. published editions of works, i.e. the typographical arrangement of a publication;
6. sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary;
7. films, including videos; and
8. broadcasts

A copyright protects the way an idea is expressed in a piece of work, but it does not protect the idea itself.

Designs can be registered country by country (either nationally or through the International Registration system operated by WIPO) or in the European Union as a whole. Registration provides the owner with the exclusive right to exploit that design, and this right can be enforced not only against those who copy the design, but also against those who independently come up with a design which is too similar to that which is registered.
In order to be registrable, the design generally needs to be new and original at the time the application is filed, although some territories allow a period of grace before filing. The interpretation of ‘new’ and ‘original’ also varies by country, and in practice, fairly similar designs are often accepted for registration. There are usually provisions for the owner of an earlier registration for a similar design to object though. The period of protection varies from country to country, but generally designs are registered for five year periods, being renewable every five years for up to 15 to 25 years.

A design does not necessarily need to be three-dimensional to be protectable. Patterns and images applied to the surface of a product (eg a textile) can also be protected. Some stylized trade marks, logos and shape marks could also be registered as designs, as can fonts.
The Design Registers can usually be searched by those who wish to use a design, and want to ensure that they do not infringe the rights of others. Registration can therefore act as a good deterrent. As registration is usually quick and relatively inexpensive, it is readily available to even small and medium-sized businesses, where other forms of Intellectual Property protection may be too costly.

Geographical indications are mostly used in relation to agricultural products, but may also be applied to other products which rely on human or other factors.

This is a fairly recent form of intellectual property protection, which was introduced to protect the public from deception, whether deliberate or otherwise. It means, for example, that if you buy Scotch whisky, you know that it is made in Scotland, and it not a product made in the same way as Scotch whisky, but elsewhere (eg in Japan).

In order to have a name recognized as a geographical indication, the place needs to have acquired a reputation for a particular type of product and a quality or qualities associated with it. A geographical indication therefore helps to protect and enhance that reputation.
A geographical indication is not generally owned by one particular trader and so does not function in the same way as a trade mark (i.e. to distinguish the goods or services of one trader from those of others). It can be used by anyone who meets the set criteria.
Geographical indications are protected by International Treaties, and signatories of these treaties then incorporate protection into their own national laws, either by amendment of existing laws, or the creation of new ones. Geographical indications are therefore ultimately enforced under national law.

Some place names have, however, become synonymous with particular styles of product, regardless of where they are produced, for example Dijon for mustard, and Cheddar for cheese, and so are not protected as Geographical Indications.

Well-known marks are critical business assets which can be used and traded just like any other assets. As such, these critical business assets deserve the fullest and widest possible protection in order that mark owners may fully exploit the value of such well-known marks.

This need for specific protection for well-known marks is recognised in various international obligations which set out the principles for the protection of well-known marks, with individual countries setting out the extent of which such rights are to be protected.

Whether a mark is well-known is a factual question. The factors to consider in determining whether a mark is well-known generally falls within the following scope:-

1. the degree of knowledge or recognition of the mark in the relevant sector of the public;
2. the duration, extent and geographical area of any use of the mark;
3. the duration, extent and geographical area of any promotion of the mark;
4. the duration, extent and geographical area of any registrations to the effect they reflect use or recognition of the mark;
5. the record of successful enforcement of rights in the mark; and
6. the value associated with the mark.

Protection for well-known marks is not confined to use of similar marks used for goods or services identical or similar to those of the owner of the well-known mark, but also to use in relation to goods or services which are not identical or similar to those of the owner of the well-known mark if such use would indicate a connection exists between such goods or services and the owner of the well-known mark.

While many countries recognise unregistered well-known marks, it is however advisable to seek registration of well-known marks, taking into account that there may be extended forms of protection for registered well-known marks in certain countries.