Registered Trade Marks - FAQS

Registered Trade Marks - Answers

What is a registered trade mark?
FAQ list

A registered trade mark is a property right obtained by registration of the trade mark under the laws of the country where the trade mark is used. Trade mark agents can help in structuring an application to register a trade mark, and in meeting the trademark registration legal requirements involved.

What trade marks can be registered?
FAQ list

A trade mark can be registered if it is a sign capable of being represented graphically which is capable of distinguishing the goods and services of one undertaking from those of other undertakings.

Logos, brands, signs, can be registered as registered trade marks when they meet the trade mark legal requirements for trade mark registration.

What can a registered trade mark consist of?
FAQ list

A registered trade mark may consist of words (including personal names), designs, letters, numerals of the shape of goods or their packaging. There are certain exclusions also that can block a registered trade mark, where the term may be in common use in the trade, or where the trade mark refers, inter alia, exclusively to the quality of the goods or services.

What rights do a registered trade mark confer to an owner?
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The owner of a registered trade mark shall have exclusive rights in the trade mark and such rights shall be infringed by the use of that trade mark in the country without the owner's consent.

When do the rights attaching to a registered trade mark take effect?
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The rights of the owner of a registered trade mark shall have effect from the date of registration.

What is the nature of a registered trade mark?
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A registered trade mark is personal property. In the case of a business, it forms part of the assets.

Can a registered trade mark be assigned?
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A registered trade mark is transmissable by assignment, testamentory disposition or operation of law in the same way as other personal property, and shall be transmissable either in connection with the goodwill of a business or independently.

Can you make a partial or limited tansfer of a registered trade mark?
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An assignment or other transmission of a registered trade mark may be partial. Your trade mark agents can advise you further on this.

Can a registered trade mark be licensed?
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Yes. A license to use a registered trade mark can be general or limited.

How is a licence of a registered trade mark effective?
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A registered trade mark licence shall not be effective unless it is in writing signed by or on behalf of the grantor and this requirement may be satisfied in a case where the grantor is a body corporate by the affixing of its seal.

Is a licence of a registered trade mark binding?
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Yes, unless the licence provides otherwise, it shall be binding on a successor to the grantor's interest.

Can you sub-licence a registered trade mark?
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Yes, unless the licence provides otherwise, a sub-licence may be granted by the licensee.

To what goods and services does a registered trade mark apply?
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Goods and services shall be classified for the purposes of registration of trade marks according to a prescribed system of registration; and every trade mark shall be registered in respect of particular goods and services or in respect of classes of goods or services.

Are registered trade marks examined?
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When application is made to legally register a trade mark, the trade mark is examined from a number of aspects to ensure that it conforms to the legislation. This is especially where the services of a trade mark agent can help, with their know-how of the trade mark registration procedures, knowledge of trade mark regulations, and expertise in dealing with the technical aspects of the procedures.

Can an application to register a trade mark be rejected?
FAQ list

An application to register a trade mark can be rejected, withdrawn or opposed. A trade mark agent will usually indicate their views on such technical aspects.

What does opposing a trade mark registration mean?
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Assuming an application to register a trade mark passes through the initial phases involved in examination, rectification and observation, the trade mark, following acceptance, is then open to objection from third parties, for a limited period.

Third parties can bring opposition proceedings to protect their own brands and market positioning, depending on the circumstances. Trade mark agents assist their customers with completion of opposition proceedings. Assuming successful conclusion on opposition matters, the trade mark then progresses towards formal registration (subject to payment of relevant fees).

How long does trade mark registration last?
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A registered trade mark lasts at least 10 years. Registered trade marks are renewable indefinitely for successive 10 year periods on payment of renewal fees. [This may vary somewhat for certain countries].

What is the role of a trade mark agent?
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A trade mark agent or representative acts on behalf of the owner of a trade mark. The trade mark agent deals with the registration procedures. The trade mark agent suggests ways that the registered trade mark application can be structured to assist with the technical examination, deals with the regulatory authorities queries, handles trademark classification issues, helps to provide evidential requirements provided to regulators, and represents the owner of the trade mark on their behalf.

Trade mark agents also can help in trademark opposition. Trade mark agents, through negotiations, can help to settle trade mark opposition cases. Trade mark agents can help owners of registered trade marks to oppose applications that may copy or conflict with existing registered trade marks. The trade mark agents can prepare the appropriate documentation. Trade mark agents can advise on prior precedent trade mark dispute cases. The trade mark agents often can advise on trademark registration strategies in circumstances where a trade mark application is challenged or opposed.

How many registered trade marks can my business have?
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A business can have register as many registered trade marks as it requires. Several businesses will not use a trade mark in advertising or packaging until it has been registered. This is to ensure the registered trade mark is fully protected so that others cannot copy it. It is important, though, that the registered trade mark be used within 5 years of the application.

How do you recognize a registered trade mark?
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Once registered, the owner of a registered trade mark is entitled to use the symbol for registered trade marks, as in TRADE 'n MARK ^® .

How do you change trade mark agents?
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It is quite easy to change trade mark agents. Let us do the paperwork for you, or visit our how to change trade mark agents page.

Can the same trade mark be registered in more than one country?
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Trade marks once registered apply throughout the territory of the country where it is registered, but only for the goods and services specified. It is possible to extend the trade mark registration from your home country to other countries where you intend to use the trade mark. The Republic of Ireland is a party to the Madrid Protocol for the international registration of trade marks. The Madrid Protocol makes it possible to designate additional countires over time, subject to no other prior or similar trade mark registrations in those countries involved.

Can I keep the trade mark agents for previous trade marks, and use BATTLE for new applications?
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Yes. You can appoint BATTLE as your trade mark agents for new applications to register your logos, brands or trademarks in Ireland or, indeed for other countries, for a Community Trade Mark or for the UK.

"JAGUAR" is a registered trade mark for cars, can I register it as a trade mark for watches?
FAQ list

In 2006, the High Court in the Republic of Ireland dismissed a claim by Jaguar Cars to prevent the registration of a similar trade mark for watches. This was because trade marks are registered only for the goods and services specified at the time of application for trade mark registration, and in use therafter. Watches technically belong to a separate classification under the Nice Classification system, and the High Court held that it was possible for another business to register the trademark "JAGUAR" for watches.

What is the difference between trademark registration and business name registration?
FAQ list

In the Republic of Ireland, businesses are required to register their trading names, mainly for regulatory purposes under the Business Names Registration Act. Business names are not protected under this act from copying or from duplicating. Business owners do not get any brand protection or name protection under that legislation.

In contrast, for protection of business names, logos brands or trade marks, they must be registered as trade marks. Applications for registration of brands or logos as trade marks can be made under the Trade Marks Act, 1996 and under the EU legislation governing Community Trade Marks.

The main difference is that trade mark registration is similar to registration of title in property, and confers significant powerful rights to owners of registered trade marks.

Other Trade Mark Agent Appointed ??

No Problem, You Can Still Appoint Us as Trade Mark Agents.

Turn A Good Brand into a Pot of Gold

LET THE PREMIER TRADE MARK AGENTS REGISTER IT

If you already have a trade mark agent, it is possible to have another trade mark agent working on the trade marks aspects concerning another country, therefore, it is easy to use Business and Technology Links as representatives or agents also. You are allowed to have one trade mark agent dealing with, say, your Irish or local application, AND appoint another trade mark agent to deal with your international or Irish application to register a trade mark:


  •   Even if you used another trade mark agent for your other application, you are permitted to use Business and Technology Links, BATTLE^® - THE PREMIER |b|R|A|N|D| PROTECTORS as trade mark agents for any subsequent trade mark registration application (and visa versa).

  •   We believe that our fees to apply to register a trade mark are highly competitive, and hard to beat.

  •   Because of the complexities involved in making applications to multiple countries involving different jurisdictions, we can only provide a quotation for international applications for registering a trade mark on request.

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We aim to provide quality trademark services,
because we value your business
and wish to repeat business in the future with you.