Surnames should not be chosen as trade marks since they are difficult to register. The Trade Marks Office takes the view that if a trade mark is a common surname, that trade mark should be available for anyone of that surname to use. If registration of a surname as a trade mark is sought, it is normally necessary to file evidence of use of the trade mark to establish that it has become distinctive as a trade mark despite its surname significance. Geographical names should be avoided as it is extremely difficult to obtain a trade mark monopoly for a geographical name. The signature of the applicant for registration or some predecessor in his business is normally registrable.
Distinctive logos are also normally registrable.
Shape and smell trade marks are also registrable. Before using a new trade mark, it is strongly recommended that a trade mark search be conducted to ascertain whether that trade mark is available for use or registration in relation to the goods or services of interest. Unauthorised use of a trade mark which is deceptively similar to a registered trade mark may amount to infringement and render the user liable to a claim for substantial damages. If the selected trade mark is registrable, and available for use, an application to register the trade mark should be filed. While the application is pending, it will serve as notification to others of proprietary rights in that trade mark and may deter others from adopting a similar trade mark.