| What Is A Registered Trade Mark? What trade marks can be registered? |
In Ireland, a "trade mark" that is suitable for registration means any sign capable of being represented graphically which is capable of distinguishing goods and services of one undertaking from those of other undertakings.
A registered trade mark may consist of words (including personal names), designs, letters, numerals or the shape of goods and their packaging.
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What is a Registered Trade Mark?
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A registered trade mark is a property right. This is obtained when a trade mark agent applies to the relevant statutory body(ies) relating to your country(ies) for registration of the trade mark.
The trade mark application is examined, and, if accepted for trade mark registration, is then open to objections from third parties. Following formal trade mark registration, then you are entitled to use the registered symbol with the mark, like the "R" in our Click'n Tick® trade mark.
We apply for registration of your trade marks as trade mark agents in Ireland on your behalf, and deal with the regulatory requiements as representatives for you. We can file a trade mark application quickly to register a trade mark so that you obtain a priority to the trade mark as early as possible, and we work with regulatory bodies completing the trade mark examination process, acceptance of the trade mark for publication, and administration details. This ensures that you get your trade mark application early into the queueing system, to get priority and obtain that registered trade mark sooner.
We treat all trade mark customers in a professional and efficient manner, and respect the confidentiality requirements that may be required - see our positioning and core values page.
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| Registered Trade Marks and Brand Identity |
Many small businesses merely own a logo. The difference between a logo and a brand lies in the attempts to assign a "personality" to a brand. The difference between a brand and a registered trade mark is that you hold a monopoly right in the brand once it is registered as a trade mark, that is confirmed by the country's regulatory authorities.
Giving a brand a "personality", for example, involves identifying the main characteristics that you want the brand to be associated with. Nike associates its brand with speed, effectiveness, athletics and sports, and leading sports personalities like Tiger Woods. Nike seeks to have a high level of integrity attaching to its brand. Its motto: "Just Do It" is action oriented, and perfectionist, just as the "tick" symbol indicates approval of the quality of action, and hence the quality of the goods. A registered trade mark or brand can have several features, for example:-
- A signature or style;
- A colour;
- A graphic element;
- A packaging element (e.g. the lemon juice bottle).
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What logos, brands or trade marks can be refused trade mark registration?
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The following can be refused trade mark registration:-
- Trade marks that are devoid of any destinctive character;
- Trade marks which have become customary in the current language or in the bona fide and established practices of the trade;
- If the trade mark is of such nature as to deceive the public, for instance as to the nature, quality, or geographical origin of the goods and services;
- A sign shall not be registered asa trade mark if it consists exclusively of the shape which gives substantial value to the goods;
- The national flag or state emblems, or badge of a public authority;
- If a trade mark is identical with an earlier trade mark; and,
- If the goods and services are identical with the goods or services for which the earlier trade mark is protected.
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| How will you benefit from a registered Trade Mark? |
The owner of a registered trade mark can have the following benefits:-
- You hold exclusive rights in the trade mark;
- This provides a monopoly right (obtained once the trade mark is registered);
- You can prevent another business from infringing your registered trade mark by using an identical sign;
- Another person cannot deceive the public or confuse them by trying to use a similar sign for the goods and services similar or identical to those for which the trade mark is registered;
- In any action for infringement of a registered trade mark all such relief by way of damages, injunctions, accounts or otherwise shall be available to the proprietor of a registered trade mark as is available in respect of infringement of any other property right;
- You can licence use of the registered trade mark to others; and,
- You can charge license fees to third parties for authorised use of your registered trade mark.
For FEES THAT PLEASE, CALL BUSINESS AND TECHNOLOGY LINKS, THE PREMIER BRAND PROTECTORS.
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You can have more than one trade mark agent.
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If you need a trade mark agent, to compete with your current agent, you can appoint us to file applications for registered trade marks for particular countries or for specific brands or logos. For frequently asked questions about registered trade marks see our FAQ page.
So TRY US OUT FOR YOUR NEXT APPLICATION FOR TRADE MARK REGISTRATION.
For other offerings go now to our
products/services page. |
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Great value prices. To apply to register a trade mark in Ireland is a lot less expensive than you think. Look at our prices page.
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