TRADE MARKS & PASSING OFF
A trade mark is the means by which a business identifies its goods or services and distinguishes them from the goods and services supplied by other businesses. The Trade Mark Act, 1996 defines a trade mark as "any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings".

A trade mark may consist of words, (including personal names), designs, logos, letters, numerals or the shape of goods or of their packaging, or of other signs or indications that are capable of distinguishing the goods or services of one undertaking from those of others.

Trade mark law was developed to prevent the public being deceived by a trader alleging that he had an association with good which, in fact, he did not enjoy. The main advantage of registering a trade mark is that any goodwill that a business has built over a period of trading will be protected.

The tort of passing-off is one actionable by common law. It recognises the right of a person to protect the goodwill of his/her business from unfair trading. It prohibits a third party from trading under a name which is likely to mislead the public or deceive them into thinking that the merchandise or business is that belonging to another person. To bring an action for passing-off it is not necessary for a person to have a registered trade mark as the action exists under the common law.