Ordinary trademarks


This strategy relies on the trademark rather than on the manufacturer to identify the product. Campbell’s Soup, for example, uses the V8 trademark to identify its vegetable cocktail. Once the reputation of a product bearing this trademark has been established, manufacturers can focus their advertising on the trademark rather than on their name.

An ordinary mark consists in a word (or words), a design, or a combination of these, used to identify the goods or services of one person or organization and to distinguish these goods or services from those of others in the marketplace. You are not required to register your trade-mark — using a mark for a certain length of time can establish your ownership under common law. However, registration is direct evidence of ownership.

The protection, communication and management of ordinary trademarks are the responsibility of trademark holders.