A Trade Mark is any sign, be that a word or a logo, which distinguishes the goods or services of your business from those of another. If such a Mark is associated with your business, this Mark should be registered in order to secure maximum protection for your brand. Registration of a Trade Mark is designed to protect your ingenuity and inventiveness in creating your Mark. It prevents other parties from using your Mark without your consent. Trade Marks may be registered in Ireland with the Patents Office. Alternatively, for protection across all States of the EU, it can be registered with the Office of Harmonization of Internal Markets (OHIM) as a Community Trade Mark.
Trade Marks are used in everyday business to identify and market products and services. They enable companies to distinguish their products from those of their competitors. The value of a Trade Mark can be found in the link that it creates in the mind of the consumer with a product or service. The holder of a Registered Trade Mark can sue for Infringement of their Mark. Registration makes it easier to prevent others from benefiting from the reputation established by the use of a Trade Mark, by allowing the proprietor of the Registered Trade Mark to take infringement proceedings before the courts.
If you have a Trade Mark which has not been registered, limited relief may still be sought under “passing off”. To bring proceedings, the Trade Mark holder must prove that:
To find out whether your Mark is registrable, or if you think your Trade Mark rights are being infringed, please contact us on firstname.lastname@example.org and we will be happy to assist you.