Common
Law Rights
If the trade mark is sufficiently well known, it is protectable to a limited
extent under common law. A trade mark registration will supplement existing
common law rights if the trade mark is being used and will provide a much faster,
more certain and less expensive method of protecting and enforcing the trade
mark.
Adopting
a Trade Mark
A company which intends to adopt a new trade mark is usually advised to search
the records of existing trade marks to ensure that the trade mark is available
for use and registration.
Registrable
Trade Marks
Not all trade marks can be registered. Some trade marks are so descriptive that
they cannot distinguish one company's goods or services and therefore cannot
easily be protected.
Protection
after registration
Once registered, a trade mark gives its owner the rights to the exclusive use
of that trade mark. That right is infringed whenever a competitor uses the same
or a confusingly similar trade mark on the goods/services or similar goods/services
covered by the registration.
Renewal
of Trade Marks
Trade Marks must also be renewed periodically. The initial period of protection
is ten years and the renewal period is every ten years thereafter.
Protection
in other countries
It is also important to remember that a trade mark registered in the Irish Patents
Office grants protection only in the Republic of Ireland. If the trade mark
is used or intended to be used in other countries, searches should be conducted
to ensure that the trade mark is available for use in those countries and if
available, applications should be filed to protect the trade mark in those other
countries.
Watching for conflicting trade marks
To be advised of the same or similar trade marks being applied for by third parties in Ireland or elsewhere, it would be necessary to instruct us to carry out an annual “watching service” on your behalf.
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