A trade-mark is a name, symbol, or slogan which identifies or distinguishes a business or a product from the businesses or products of others. A distinctive sound, design, shape or colour may also be a trade-mark, so long as it distinguishes a business or product in association with which it is used from the business or products of others. A mark becomes a trade-mark when it is used with goods or services to indicate the source or quality of the goods or services being provided.

Trade-mark rights flow from the use of a trade-mark in association with wares or services. A trade-mark does not need to be registered to be protected. Only registration of a trade-mark, however, gives a trade-mark owner the full protection available by law.