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What is a trade mark?

A trade mark can be a word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these. Trade marks serve to identify the company or individual that goods or services originate from and to distinguish those goods or services from other traders.


Registration of a trade mark gives the owner proprietary rights in relation to that mark.


So for example, the marks:

Island   epic   capitol   unrated dimension   shock


are all trade marks owned by major record companies in class 9 for "apparatus for recording, transmission or reproduction of sound or images".


There are civil and criminal provisions under the Trade Marks Act 1995 for the unauthorised use of registered trade marks on pirated music CDs or DVDs

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