The Trade Marks Act, 1999, s. 2 (b) defines trade mark as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and colours. Also, s. 2(m) defines mark as including a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof; For instance Ford - named after Henry
According to Gustin, (2011), the differentiation strategy is an integrated set of actions taken to produce goods or services at an acceptable cost that customers perceive as being different in ways that are important to them. According to the Apple case, Apple has using differentiation strategy create different and new product over it competitors and gain the first mover advantages such as IPod. This enables to help Apple increase its market share. The creative and innovation is not only use on product