Trademark Law Solictors Dublin
Areas of Practice
Benefits of registration
Where to Register
A trade mark (or trademark) is a form of intellectual property comprising a distinctive logo, sign or indicator. It is used by an individual, business organization, or other legal entity to identify that the products or service to consumers with which the mark appears originates from that person or business. It is used by a business to distinguish its products or services from those of other businesses.
A trade mark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound.
Registration of a trade mark in law is a means to secure an asset which has the potential to generate revenue (through licensing) and to make it easier to stop others from passing themselves off as you, or diluting your brand by trading under something similar.
The essence of trade mark protection is that the holder of a registered trade mark may initiate legal proceedings
for infringement to prevent unauthorized use of that logo brand or trade mark by other parties.
You should choose Trade Mark Protection for your products or business, for any of the following reasons:
You have products or services with unique features which should be protected from copying or counterfeit
Trade mark protection makes your business more attractive to investors
The marks will be an asset of your business, registration lasts for ten years
There is a risk you could be infringing IP owned by others and leaving your firm open to a costly legal action
Your business model operates through or relies heavily upon your website and domain name. The existence mark can be used in applications for recovery of overly similar domain names.
Types of Trade Mark
The following is a list of the types marks that can be registered: Ordinary or standard trade mark
The majority of all trade marks fall into this category. They consist of words, slogans, logos, etc. whose purpose
is to distinguish the goods and services of their proprietors from those of other undertakings.
• Collective mark
A Collective Trade Mark is a mark that distinguishes the goods or services of the members of an association from
those of others.
A Certification Trade Mark is a mark that “certifies” goods or services as being of a certain standard or possessing certain qualities or other characteristics. A certification mark can only be registered in the name of the proprietors if they themselves do not produce or provide the goods or services to which the mark is applied.
• Series of trade marks
A series of trade marks is a number of marks (no more than six), which resemble each other in their important features and differ only in respect of non-distinctive elements that do not substantially affect their identity.
• Three-dimensional mark
A three-dimensional mark is a mark that consists of the shape of a product or its packaging.
We act in the registration of trade marks in Ireland and the UK and community trade marks in Europe. We act in the protection of rights for trade marks holders in prosecution of infringement and in defense of infringement proceedings. We carry out pre filing searches and advise generally on the register-ability of marks. As with everything we do we advise of the costs and where possible agree fees with you in advance.