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My - What a shambles! (7 February 2012) (New Zealand)

A J Park

Registering your trade mark gives you monopoly rights beyond those you would otherwise have through just using your trade mark. But not all trade marks are registrable. If you want the strongest monopoly over your trade mark, you should choose one which is registrable.

To be registrable, a trade mark must communicate the origin of your product or service. To do that from the outset, the trade mark cannot describe the product or service or be a term that others in the same industry would reasonably and legitimately wish to use with the same product or service.

Selection of a trade mark is therefore very important if registered rights are to be obtained. It must be unusual enough that consumers would identify it with only one business.

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