First Principles of Business Law

4. Property rights in intangible things

4.2.1. Trade marks

Albert operates his business under the name 'The Kitchen Factory Pty Ltd' but he wants to market his kitchen units under a more memorable and distinctive brand name. He has come up with the name 'Crystal Kitchens' together with a picture of a shining crystal. He does not think anyone else uses this name for kitchen units and he wants to be sure that, if he uses it and establishes a good reputation for that brand name, no-one else can use it as well.

In these circumstances, which of the following statements is NOT correct?

(a) A trade mark can be acquired over either words or images, but not over a combination of both words and images.

(b) A trade mark exists only in relation to the particular products in relation to which it is established.