Battle For Trademarks LTD.
BATTLE^® - THE PREMIER BRAND PROTECTORS^TM

Features of registered trade marks

Registered trade marks can block competitors

Good News - For Owners of registered trade marks - transfers of intellectual property are EXEMPT from Stamp Duty in Ireland (Republic).

Registered trade marks - rights & title

Registered tade marks have several attractive features. When you get a trade mark registered, it obtains additional features that can make it considerably more valuable.

• Territorial protection is granted to a registered trade mark.
• Exclusive rights are established by a registered trade mark.
• A registered trade mark becomes an asset.
• Title is established just like property, for a registered trade mark.
• Use of the registered trade mark can be licensed or franchised.
• A registered trademark can be sold, assigned or conveyed to third parties.
• This may have certain attractions from a taxation point of view.
• Registering a trade mark can protect your territory(ies).
• trade mark registration can help to keep competitors from copying you.

Battle For Trademarks, BATTLE^® - THE PREMIER BRAND PROTECTOR aims to be Ireland's number one low cost trade mark agent for obtaining registered trade marks. We provide fast service, at attractive prices, in a low overhead cost environment. Our aim is to become Ireland’s top low cost trade mark agents for registering trade marks on behalf of our customers. We also can apply for trade mark registrations in foreign countries using the international system based on the Madrid Protocol. Outlined below are some of the main features of registered trade marks.

registered trade marks cover wider territory than property

FEATUREs of registered trade marks

Registered trade mark issues

Registered trade mark rights

A new registered trade mark is distinctive

To be registrable, a trade mark must meet certain requirements under the Trade Marks law.

Some of the reasons a trade mark may not be approved for registration include: -

Trade trade marks that are not distinctive;

Trade trade marks that indicate the kind, quality, quantity, intended purpose, value, geographical origin, the time manufactured or other characteristics of the goods or services;

Trade marks that have become customary; and,

Trade marks that are contrary to public policy or morality.

So when a new trade mark is registered in Ireland, it must be approved by the regulatory bodies in terms of meeting the requirements of the Trade Marks Act, 1996. It must meet the tests for distinctiveness in order to become registered.

The nature of a registered trade mark

The nature of a registered trade mark is personal property.

Once registered, you as owner, hold an exclusive right to use the registered trade-mark in Ireland (or the country where registration is granted).

In effect, this feature expands the exclusivity right beyond the factory boundary to include the whole territory of the country involved, for the goods/services registered.

For more information about such exclusive rights visit our page on registered trade marks and monopoly rights. Or you can see some of the other services we provide on the registered trademarks site map page.

Registered trade marks justify Goodwill

When buying or selling a business, considerable value can be attached to registered brands.
For example, Bushmills brand, Danone's HP sauces.

Registered trade marks often form the basis for which goodwill is payable between businesses when there is an acquisition or merger. For example even when the chain of computer shops, COMPUSTORE, went into liquidation, its registered trade marks reportedly were sold for €200,000. If these were designated as a capital asset, then capital gains tax could apply (currently 20% in Ireland) or the asset may qualify for business relief in a family business disposal (please consult your tax advisers).

Registered trade marks can apply to shapes and packaging

Usually a registered trade mark contains an identity or signature which makes it distinctive in respect of the goods and services involved. It can include the shape of the goods/services or its packaging.

For example, the JIF lemon container and the Coca-Cola bottle are now registered trade marks under the relevant legislation. Or more simply, BOOTS for chemists, or even fictional characters like Winnie the Pooh can be registered trade marks to the substantial advantage of their owners.

Registered trade marks can be traded

The registered trade mark itself can be sold or assigned to other parties. This can be particularly valuable when selling on a business, and may have attractions from a capital asset or taxation point of view.

The ownership title in registered trade marks can be recorded, just like property. Registered trade marks can be bought, sold, licensed, assigned, and conveyed like a factory. They can even be mortgaged.

A registered trademark can keep a competitor at bay.

The publishers of Buy and Sell magazine successfully sought to protect its brand and market position. A competitor proposed to launch another publication called Mayo Buy and Sell.

With a view to protecting its extremely valuable goodwill and reputation in the Buy and Sell brand, the plaintiff had two registered trademarks. The High Court granted the owners of the registered trade mark an injunction restraining the new publication. [5 March 2004].

A registered trade mark reduces the likelihood of confusion

Because a registered trade mark is a property right, infringement of registered trade marks is taken very seriously by the courts. The onus of proof tends to lie on any imitator of a registered trade mark.

This covers a registered trade mark's sound, as well as visual and conceptual aspects.

The protection granted can be considerable. When infringement happens, the remedies available to a holder of a registered trade mark can include damages, prevention of trade using an infringing brand, and an injunction preventing use of an infringed brand.

Registered trade marks apply to certain classes of goods and services

The identification of goods and recitation of services for a registered trade mark are determined according to the Nice classification of goods/services.

The extent of protection afforded to a registered trade mark depends on the range of goods and services that are listed in the registration. Under trade marks laws, there are certain conditions to be fulfilled to maintain a registration.

Trade mark registration is renewable

A registered trade mark can be renewed or extended every ten years subject to payment of renewal fees.

So if you wish to keep the protection extended over a prolonged period, this is a feature of registered trade marks.

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Last update: 2 October 2009

Battle For Trademarks Ltd.
Telephone: +353 - 1 - 494 53 28
Registered in Ireland - Number 244903
Registered business names and registered trademarks: BATTLE, BATL
Registered Office Address: BATTLE House, 18 Hermitage Lawn, Rathfarnham, Dublin 16, Ireland.
Copyright © Battle For Trademarks Ltd.
2009 All rights reserved.
www.battle.ie

battle.ie aims to be the number one for registered trademarks in Ireland.

FEATUREs of registered trade marks	Registered trade mark issues	Registered trade mark rights
A new registered trade mark is distinctive	To be registrable, a trade mark must meet certain requirements under the Trade Marks law.	Some of the reasons a trade mark may not be approved for registration include: - Trade trade marks that are not distinctive; Trade trade marks that indicate the kind, quality, quantity, intended purpose, value, geographical origin, the time manufactured or other characteristics of the goods or services; Trade marks that have become customary; and, Trade marks that are contrary to public policy or morality. So when a new trade mark is registered in Ireland, it must be approved by the regulatory bodies in terms of meeting the requirements of the Trade Marks Act, 1996. It must meet the tests for distinctiveness in order to become registered.
The nature of a registered trade mark	The nature of a registered trade mark is personal property.	Once registered, you as owner, hold an exclusive right to use the registered trade-mark in Ireland (or the country where registration is granted). In effect, this feature expands the exclusivity right beyond the factory boundary to include the whole territory of the country involved, for the goods/services registered. For more information about such exclusive rights visit our page on registered trade marks and monopoly rights. Or you can see some of the other services we provide on the registered trademarks site map page.
Registered trade marks justify Goodwill	When buying or selling a business, considerable value can be attached to registered brands. For example, Bushmills brand, Danone's HP sauces.	Registered trade marks often form the basis for which goodwill is payable between businesses when there is an acquisition or merger. For example even when the chain of computer shops, COMPUSTORE, went into liquidation, its registered trade marks reportedly were sold for €200,000. If these were designated as a capital asset, then capital gains tax could apply (currently 20% in Ireland) or the asset may qualify for business relief in a family business disposal (please consult your tax advisers).
Registered trade marks can apply to shapes and packaging	Usually a registered trade mark contains an identity or signature which makes it distinctive in respect of the goods and services involved. It can include the shape of the goods/services or its packaging.	For example, the JIF lemon container and the Coca-Cola bottle are now registered trade marks under the relevant legislation. Or more simply, BOOTS for chemists, or even fictional characters like Winnie the Pooh can be registered trade marks to the substantial advantage of their owners.
Registered trade marks can be traded	The registered trade mark itself can be sold or assigned to other parties. This can be particularly valuable when selling on a business, and may have attractions from a capital asset or taxation point of view.	The ownership title in registered trade marks can be recorded, just like property. Registered trade marks can be bought, sold, licensed, assigned, and conveyed like a factory. They can even be mortgaged.
A registered trademark can keep a competitor at bay.	The publishers of Buy and Sell magazine successfully sought to protect its brand and market position. A competitor proposed to launch another publication called Mayo Buy and Sell.	With a view to protecting its extremely valuable goodwill and reputation in the Buy and Sell brand, the plaintiff had two registered trademarks. The High Court granted the owners of the registered trade mark an injunction restraining the new publication. [5 March 2004].
A registered trade mark reduces the likelihood of confusion	Because a registered trade mark is a property right, infringement of registered trade marks is taken very seriously by the courts. The onus of proof tends to lie on any imitator of a registered trade mark. This covers a registered trade mark's sound, as well as visual and conceptual aspects.	The protection granted can be considerable. When infringement happens, the remedies available to a holder of a registered trade mark can include damages, prevention of trade using an infringing brand, and an injunction preventing use of an infringed brand.
Registered trade marks apply to certain classes of goods and services	The identification of goods and recitation of services for a registered trade mark are determined according to the Nice classification of goods/services.	The extent of protection afforded to a registered trade mark depends on the range of goods and services that are listed in the registration. Under trade marks laws, there are certain conditions to be fulfilled to maintain a registration.
Trade mark registration is renewable	A registered trade mark can be renewed or extended every ten years subject to payment of renewal fees.	So if you wish to keep the protection extended over a prolonged period, this is a feature of registered trade marks.