First Principles of Business Law

4. Property rights in intangible things

4.2.3. Registering a trade mark

Albert wants to know how to go about registering his proposed trade mark. He is not sure whether he must first use and establish it, or whether he can register it even before he starts using it.

Which of the following statements is correct?

(a) A trade mark can be registered even before it is used, as long as the person seeking registration intends to use it in relation to particular goods or services.

(b) A trade mark cannot be registered until it is used long enough to become known as the 'sign' by which the relevant goods or services are distinguished.