What is a Trademark - Beginner Essentials

In Singapore, a trade mark is described as "a mark" that is represented visually as a symbol, used by a trader to legally distinguish themselves from other competing traders, offering similar products or services.

For example, no one in the computer industry is allowed to claim the term "Apple" as a mark of identification except for Apple Computers, Inc., which is a corporation registered in Singapore. The Intellectual Property Office of Singapore (IPOS), is an agency under the Ministry of Law, responsible for managing trademarks in Singapore.

In this article you will find a general overview of the nature of trademarks and its advantages.

What is a trademark?

The word trademark is frequently used to imply both trade and service trademarks. The difference between a trademark and a service mark is minor, and these symbols are essentially the same thing.

The distinction between a trademark and a service mark is that one promotes goods or products, whereas the other promotes services. Many people use trademarks or service marks interchangeably to refer to service marks. However, this isn't the case; and a service mark on a product is meaningless.

® and ™ are typical symbols associated with trademarks. ® This means the symbol is a registered trade mark and hence protected under the trade mark law. ™ is just a symbol used to represent that the mark is being used by the company as a trade mark.This doesn’t mean the mark is or protected under the Trade Law.

It simply portrays that the mark is unregistered and not protected by trade mark law. There is no need to use any of the symbols, however there are two significant benefits to doing so. The symbols serve as notice to the rest of the world that you are claiming the symbols as trademarks, which will deter others from attempting to use the name for their own enterprises.

The terms "trademark," "copyright," and "patent" are often used interchangeably and incorrectly. Trademarks, copyrights, and patents are all types of intangibles that can be bought and sold, licensed, or used for commercial gain. They each, nevertheless, protect distinct rights.

Patents safeguard new inventions, discoveries, and designs, whereas copyright protects creative works such as novels, computer programs, sculpture, and building designs.

Trade marks do not protect creation or inventiveness at all. In fact, a trade mark can be acquired with no creative or innovative input from the owner whatsoever. When the public began using the term "Coke" to refer to "Coca Cola," for example, it became a source identifier for the product and immediately a trade mark.

Why register a trademark?

Although it is not necessary to register a trademark in order to utilise it, doing so increases the value of a company considerably.

If others attempt to misrepresent their own products and services as yours by adopting a brand that is similar or identical to your business, you may suffer significant damage to your goodwill and reputation.

The following are some of the most important advantages of a trademark:

• Once a trade mark has been registered, the owner of the mark has the right to prohibit others from using a similar or identical trademark without their consent.
• Provides a good reputation for the genuine ownership and high quality of the product.
• They are granted to individual users and enterprises that apply to register trademarks.
• They serve as proof of ownership, ensuring that others can't copy or use the mark as a registered trademark, and the owner may sue and get compensation from organisations who violate the trademark.
• A trademark registration guarantees that no one else may claim that your trademark infringes on theirs. It gives the owner the right to use the ® sign.
• As a result of the due warning, anybody interested in filing a similar or identical trade mark may do so since the Singapore trademark office will reject any confusingly similar trademarks.
• Your mark will also be shown on the local Trade Marks Register if other businesses consider using a brand that is too similar to yours.

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