The Legal Side of Branding

Abstract

A trademark is a sign or symbol which distinguishes the goods or services provided by an enterprise. It can consist of a word or words, letters, numbers, symbols, emblems, monograms, signatures, colours or combinations of colours. It can even, in some cases, be a phrase or slogan but whatever it is, it can only properly fulfil its function from both legal and marketing standpoints if it is distinctive. A trademark has three functions:

• to distinguish the goods or services of the enterprise from those of another;

• to indicate the source or origin of the goods or services;

• to represent the goodwill of the trademark owner and to serve as an indication of the quality of his goods or services.