In layman’s terms, trademarks are considered to be a source identifier that serve as a badge of origin for goods. In real terms, trademarks guarantee the quality of an organisation’s goods or services and indirectly provide reassurance to the public that subsequent purchases from the same source will conform to the same standard.

However, in cases of confusion and deception, the issue that normally arises is how different the trademarks or names in question are and whether they comprise terms that are common to trade and whether any monopoly can be granted to an individual entity on the use of common terms.