A “trade mark” means a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person or company who has the right as proprietor or owner or registered user to use the mark.
“Mark” includes a badge, brand, carton panel, colour, design, device, emblem, figurative drawing picture or image, heading, label, letter, logo, logotype, monogram, name, numeral, packaging, pattern, shape (but not the features of the shape), script, sign, signature, slogan, symbol, ticket, word (in plain lettering or in special form or stylised), wrapper, or any combination thereof. In some countries non-traditional marks are catered for, such as sound marks, smell marks, taste marks, and multimedia marks (moving images, holograms and gestures).
Trade marks are the only means by which the consumer can identify and distinguish between the source and identity of different suppliers of goods and services. A trade mark may be attractive and appealing to the eye but must be directly relatable to the owner.
The symbol which a trader adopts as his trade mark is only one of the badges or indicia by which his trade and the goods he deals in are identified with him, and distinguished from the trade of his rivals in business and similar goods which are not his but theirs. These indicia are generally numerous, and they comprise in particular the name under which he trades, that is, his trade name; the names or titles by which his goods are referred to, that is, the trade name of his goods; and the fashion or get-up (including the packaging) in which the goods appear in the market, so far as these are distinctive of his trade and goods.
A logo is generally more striking and distinctive than mere words and is therefore more likely to catch the eye of the purchaser and become recognisable or well known.