A Trade/ Service Mark is a distinctive sign; be it a name, signature, drawing or anything, which is used to distinguish similar goods or Services of various manufacturers or those rendering such services.
Trade/Service Marks besides helping the owner of the Services or products to market their products/Services, it helps the consumers to identify, choose and finally purchase a product or Service because of its quality as has been displayed by the Trade/Service Mark over the years.

Registration of a Trade and Service Mark is not a mandatory requirement, provided in using an unregistered mark one does not interfere with the rights of the registered Trade and Service Mark owned by another. Registration of a mark gives exclusives rights of use to the applicant of that Mark, and this exclusive right is extended for the period of seven years and renewable ten years consecutively.
A person using an unregistered mark is most likely going to infringe a registe red mark and is at risk of facing legal action which in the final analysis can make him/her bankrupt due to heavy penalties imposed against him/her. So, the best advice to manufacturing and the trading community is to play safe by registering their trade and Service marks in order to avoid those repercussions.

The application for registration of a trade mark/service mark is made by filing a form known as TM/S 2 which is obtained from the office of Registrar of Trade/Service Mark or from Trade and Service Mark agents. This is accompanied by TM/S 3 which together with about 8 loose representations of Trade and Service mark are submitted to the Registrar. Upon receipt of the application and upon payment of application fees, examination is conducted, whereby if the Registrar accepts the mark it proceeds to advertise it. If the Registrar receives a no objection within sixty days of advertisement, then he proceeds to issue the certificate of Registration.

• It has to be renewed after seven years, this renewal runs for ten years and then renewed.
• Assignments where the owner of the mark decides to assign it to someone else, this has to be communicated to the Registrar.
• Any change of name or address is to be communicated to the Registrar.
• Mergers, Registered users and any other changes should be communicated to the Registrar.