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Q: What is a service mark?

A: A service mark is exactly the same as a trademark with the exception that it distinguishes your services from others in the market.

Q: Is trademark the same as trade name?

A: A trade name is slightly different to a trademark. A trade name refers to the name of the business or company, where a trademark refers to products/services.

However, a trade name can be used as a trademark if it is used to help distinguish between products and services, for example 'HSBC Savings Account'.

Q: What is qualified as a trademark?

A: Trademarks cannot be freely registered and will be investigated thoroughly before registration is approved. To qualify for registration the trademark must: be distinctive and not be a commonly used word; be available for use, i.e. not used or registered by another party; be lawful.

Q: What Does ®, ™ and SM Mean?

A: A party can display ™ next to a trademark that has not been registered. However, there must be a public claim to the trademark.

A party can display SM next to a service mark that has not been registered. However, there must be a public claim to the service mark.

A party can display ® next to a trademark or service mark that has been legally registered. This symbol will inform people that you have the right to take legal action if the trademark or service mark is violated.

False claims to a registered mark - using the ® with non-registered marks - is seen as an act of fraud and offenders will be prosecuted.