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| Trade Marks Trade Marks distinguish one company's goods or services from those of its competitors. Every company selling goods or providing a service operates under a name, logo or some other trade mark and almost all companies conduct business under a unique name or trade mark. These trade marks are valuable assets and should be protected by registration. Common Law Rights If the trade mark is sufficiently well known, it is protectable to a limited extent under common law. A trade mark registration will supplement existing common law rights if the trade mark is being used and will provide a much faster, more certain and less expensive method of protecting and enforcing the trade mark. Adopting a Trade Mark A company which intends to adopt a new trade mark is usually advised to search the records of existing trade marks to ensure that the trade mark is available for use and registration. Registrable Trade Marks Not all trade marks can be registered. Some trade marks are so descriptive that they cannot distinguish one company's goods or services and therefore cannot easily be protected. Protection after registration Once registered, a trade mark gives its owner the rights to the exclusive use of that trade mark. That right is infringed whenever a competitor uses the same or a confusingly similar trade mark on the goods/services or similar goods/services covered by the registration. Renewal of Trade Marks Trade Marks must also be renewed periodically. The initial period of protection is ten years and the renewal period is every ten years thereafter. Protection in other countries It is also important to remember that a trade mark registered in the Irish Patents Office grants protection only in the Republic of Ireland. If the trade mark is used or intended to be used in other countries, searches should be conducted to ensure that the trade mark is available for use in those countries and if available, applications should be filed to protect the trade mark in those other countries. For instance it is possible to register a trade mark throughout the whole of the European Union by means of a single application filed at the European Union Trade Marks Office. Watching for conflicting trade marks To be advised of the same or similar trade marks being applied for by third parties in Ireland or elsewhere, it would be necessary to instruct us to carry out an annual “watching service” on your behalf. |