How is a trade mark protected?

You can acquire rights to a trade mark under common law by using that mark. Other traders are not entitled to use your mark in a way that is misleading or deceptive to consumers, nor can they use a mark to “pass off” their goods or services as being your own.

In some countries such as China, common law rights are not acknowledged and it is the first person to file for a trade mark who can register that mark. 

Registering your trade mark provides you with the strongest form of protection. Subject to some exclusions, registration for specified goods and services will provide you with the exclusive right to use your mark for those goods and services.

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