Services relating to trademark infringement - BATTLE^® for trademark services^TM

BATTLE aims to be number 1 in Ireland for registered trademarks

Trademark infringement - infringement of trademarks - attack or defence

Issues about trademark infringement

infringement of a registered trademark ... or copying of a registered trademark ... is an offence

Registered trademark infringement or copying

Infringement of a registered trademark is a serious matter

Regsitered trademark infringement

How does trademark infringement happen? Copying a trademark or brand is easier to prove when the trademark is registered. Regsitered trademark infringement can happen in a number of ways. And trademark infringement does occur. There are several cases of trademark infringement that have appeared before the courts.

Courts defend infringement of registered trademarks

Registered trademarks hold a strong position on account of the nature of trademark registration. Registered trademarks hold title, that the courts tend to uphold. Because a person registers a trademark, the law provides an exclusive right to that person to use the registered trademark for certain goods and services. Registering a brand helps to stop copying brands by competitors. This brings into question as to how such a right might come to be infringed. Indeed, several key issues can arise in trademark infringement proceedings. Some of the issues in trademark infringement court cases include: -

• how closely do the trademarks resemble each other?
• whose trademark is registered, and therefore, protected?
• how similar are the goods and services being traded?
• is there a likelihood of confusion of the brands with consumers?
• would consumers accociate a sign with a registered trademark owner?

The Court judgments tend to defend the rights held by holders of registered trademarks. However, certain elements involved in trademarks are not capable of being protected, and therefore may not be infringed. Examples of situations where an allegation of trademark infringement may be difficult to sustain include trademarks that may be questionable as to certain characteristics, for example: -

• is the trademark devoid of distinctive character?
• is the trademark merely a description of the goods or services?
• are there any limitations imposed in the registration?
• are there any earlier rights involved?.
• Is the registered trademark capable of being revoked or invalidated?
• There is no trademark infringement in the use of a trademark where it is necessary to indicate the intended purpose of a product or service, in particular, as accessories or spare parts.

Processing trademark oppositions

During the trademark advertisement process - trademark opposition can occur

When an application to register a trademark has been accepted, the trademark is examined, and once approved for registration it is then advertised for a period of three months. The purpose of the advertisement of the details of the trademark registration is to allow other parties to oppose the registration. Trade mark opposition can be filed by interested parties to seek to prevent the registration of a trademark, during this three month period.

Once a trademark opposition has been filed, the application for registration is put through an additional process that may or may not prevent the registration from occuring.

So it may be very worthwhile looking at using trademark opposition or trademark monitoring as a suitable additional tool for protection. Opposing the registration of a trademark can involve a wide range of matters, some of which are embodied into the following:

• what are the grounds of the trademark registration opposition?
• what claims are included in the opposition case?
• what rights are currently held?
• how strong is the case for opposition?
• how strong is the case for defending the opposition to trademark registration?

In certain cases, it is useful to obtain advice when dealing with opposition proceedings, or when faced with a claim of trademark infringement. We can provide you with an opinion concerning such trademark opposition or infringement matters, before you decide on which course of action is most suitable to your case.

Visit our Da Vinci code - trademark v copyright page to see whether copyright or trademark registration is stronger. To see more about registering trademarks for films, television programmes or cartoon characters, go to the trademark character merchandising page.

BATTLE^® for trademark services.

To see a full range of our trademark registration services, or how to register a trademark, please visit the trademarks SITE MAP page.

QUALITY trademarks services - for registered trademarks

We are proud of our trademarks service record.
BATTLE aims to provide customers with
high quality trademark services,
so that they will repeat their trademark business
with us again in the future.

All about trademarks PAGES
Trademarks Home | Trademark agents Ireland |

All about registered trademarks
Trademarks - Benefits of registered trademarks | Advantages of trademark registration | Trademarks - Frequently Asked Questions | Registered trademarks & Monopoly Rights | Community Trade Marks - EU | Trademark Agents - registered trademarks in practice | Trademark Agents - International registered trademarks | Trademark Agents |

ABOUT BATTLE - trademarks services
trademarks testimonials | trademarks services | CONTACT US |

Business names v. registered trademarks
Register Business Names | Trademarks - Turn A Good Brand into a Pot of Gold |

CTM trademarks - European Union
CTM Trademarks |

SERVICES FOR SOLICITORS - registered trademarks
trademarks services for solicitors |

SITE MAP - registered trademarks
Site map trademarks |
Visit our registered trademarks blog site|

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.

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