Choosing the right trademark for your digital products

By Chris Benson

Trademarks are extremely valuable forms of legal protection as they can be used to prevent third parties using identical or similar marks. They can also last forever if they continue to be used. However it is important that businesses choose the right trademarks as the wrong trade mark can give little if any protection. 

A trademark means ‘any sign… capable of distinguishing goods or services of one undertaking from those of other undertakings’. As a general rule, words may not be registered if they are descriptive of the goods or services in relation to which they are used or if they are generic. No one business is entitled to monopolise a general descriptive word by registering that word which would prevent other businesses using the same descriptive word.

However businesses may want to use marks which describe the goods or services they provide. These are the marks which are most difficult to register. The more a mark is distinctive, the easier it is to register and the easier it is to prevent third parties using it. On the other hand, the more descriptive it is, the harder to register and the harder to stop third parties using…

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