A trade mark is a word, phrase, symbol or design, or a combination thereof which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is a type of trade mark, which identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.

It is not compulsory that an applicant conducts a search prior to filing an application, but it is advisable to do so. A search is useful in determining if there are any conflicting marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks.

The application is assigned a serial number and filing date if it meets certain minimum requirements. Due to the current situation at the Trade Marks Office, an applicant can only expect examination of his application approximately two to three years after filing. Upon examination the Registrar determines whether the trade mark meets certain requirements and determines whether it should be registered. If the Registrar raises any grounds for refusal, the attorney may argue against the objections raised by the Registrar.

If there are no objections or the objections are overcome, the mark is then approved for publication in the Patent Journal. If no third party enters opposition against the trade mark, the registration certificate will be issued shortly after the end of the opposition period.

Anyone who claims rights in a mark may use the ™ (trade mark) or SM (service mark) designation with the mark to alert the public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The registration symbol ® may only be used when the mark is registered in the Trade Marks Office. It is improper to use this symbol at any point before registration.

In addition to trade marks (whether for goods or services) the Trade Marks Act provides for registration of other types of marks, such as certification marks and collective trade marks. These types of marks are relatively rare.