A Trade Mark is defined as......any sign capable of being represented graphically......etc.
A Trade Mark may be a word, logo, device, musical jingle, a colour or a smell. However, it must also be capable of distinguishing the goods or services of one trader from others.
Registration of a Trade Mark is very important as it is very difficult to enforce otherwise. A good Trade Mark is potentially very valuable unlike a Patent, Design, or Copyright, it may be kept in force in perpetuity.
A Patent is a legal right given to the Patentee by the State to exclude all others from making, using or selling the invention for a certain period of time, usually 20 years. A Patent does not give permission to produce the patented product if, in doing so, somebody else's earlier Patent will be infringed.