Businesses often spend a lot of money popularizing their products and services through marketing, promotions, advertising, visual styling and distinctive packaging. They do this not only to build their brand name, but also to give their products or services a specific identity or personality in the marketplace.

This identity becomes linked to what the product stands for and represents, in the mind of the customer. This 'positioning', in the customer's mind, is what helps to protect the product's market from its competitors and to ensure repeat sales. In short, the brand name becomes associated with a particular quality or benefit, which only the product or service in question can provide.

One of the main ways businesses do this, is by establishing and registering Trademarks for their products or services.

Trademarks play a big role in helping to distinguish businesses, services or products from each other. Logos, graphics, pictures, visual devices, symbols, words, groups and arrangements of words can all be registered as trademarks.

A trademark is one of the things customers use to identify products by their manufacturer, publisher or brand. For this reason they have value.

There are a few rules covering what can be registered (and please remember that the specifics can vary from country to country, so it's wise to do some checking before you consider applying for one):

• Firstly, generally a trademark cannot relate to a class of products like cars, watches or eggs. So the words 'car', 'watch' or 'egg' could not be registered as trademarks

• Secondly, the inherent nature or quality of a product cannot be a trademark. The words 'pure cream' and 'solid wood' would be disqualified, for example

• Thirdly, the way in which products are made available to the public is not allowed. The phrases 'open all day', '2 hour dry-cleaning service' or 'Market' could not become trademarks

• Fourthly, names for items that are in general usage cannot be registered. For example, none of the following could be used: 'Halloween mask', 'pain killers', 'Christmas tree', 'baked beans' or 'chocolate'

• Lastly, a trademark cannot be made from what a product is for. This means that 'engine oil', 'fly spray', 'mouse trap', 'fish food' and 'bedspread' would be refused registrations

Other things that can be refused a registration are those that are very similar to existing trademarks and those that could mislead the customer about the nature of the product.

Any shape in general use cannot be registered, like a pharmacy cross. The form or shape of a product cannot generally be registered as a trademark, although certain unique and exclusively used forms can qualify. A good example of this would the Coca-Cola company's famous glass bottle design. There is no other bottle like it and it is immediately identifiable with the product, even without the label/artwork!

A trademark is a valuable asset. It can be associated with your products by putting it on packaging, advertising, the product itself, invoices, mailings etc.

This helps to distinguish your products from your competitors, gives you a selling point and adds value to your product lines in the public's eyes. Just seeing the '®' symbol gives the impression that the business you are dealing with is serious and reputable business. That's an added value, well worth acquiring, for any business or organization.

Using somebody else's trademark is an offence - so don't do it! You could end up with a fine, or even a jail sentence. Laws vary from country to country, so it is always best to look into the local situation before using or registering a trademark.

Also trade marks only protect you in the country or countries in which they are registered. So, a European trademark can also be registered which can compromise (legally supersede) a UK trademark... so if you have the cash and plan to operate in the UK, always apply for a European trademark as a safeguard. Also, European trademarks do not protect you in the US and vice versa!

The best approach is to try brainstorming for a trademark, check if it is in use where you are and then apply for a registration if it is available for you to use: you'll find some useful links on this page.

Also, if you can't think of one, even after you have tried brainstorming, or if can't afford to pay to register one, don't panic. Many good, cash generative, businesses exist fine without using them. They are just another weapon in the arsenal to help you protect your investment, win customers and convert inquiries into sales!