It is important that the sign you select as your trade mark is
actually capable of identifying your business and does not, for
example, merely describe your product or service or the geographical
location of manufacture. If a sign is not inherently capable of
functioning as an indicator of commercial origin, it may take you
many years of use and promotion to acquire what is known as a 'secondary
meaning' in the mark. Only then would you be in a position to enforce
your rights or to obtain registered trade mark status on the basis
of distinctiveness acquired through use.
It is also important that your trade mark is not likely to be confused with an earlier trade mark or the owner of that mark may be able to stop your continued use with consequent loss and damage to your business.
For these reasons, it is vital to obtain specialist trade mark advice before expending time and money on developing a brand identity or upon the production of goods, packaging, or promotional material that will bear the mark.