TRADE MARKS - FREQUENTLY ASKED QUESTIONS
1.
How do I protect my Trade Mark Worldwide?
There is a European Union wide trade mark registration system as well as an International system called the Madrid Protocol as a consequence of which a trade mark proprietor can now register its trade mark internationally. The Trade Mark owner can base its Madrid Protocol application on either its national application or registration and extend the registration of its trade mark to those countries party to the Madrid Protocol, including the European Union, where protection is considered necessary. There are currently 67 members of the Madrid Protocol: http://www.wipo.int/treaties/en/documents/pdf/g-mdrd-m.pdf
2.
What does it cost to register a Trade Mark?
It costs approximately €550 to file an application to register a trade mark in Ireland and in a straightforward case the likely further costs in processing the application through to registration should not exceed €625. A European Union application costs approximately £1600 with similar fee later on to complete the application. If you wish us to tender a more precise quote for any particular country, please e-mail us.
3. What
are the benefits of registering a Trade Mark?
A trade mark registration secures the owner's right to use the trade mark and supplements 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 against third parties.
4.
How long does it take to register a Trade Mark?
This varies from country to country but at the Irish Patents Office it takes approximately 1 year to register a Trade Mark but protection under the trade mark runs from the date of when it was filed at the Patents Office assuming that the application matures to registration.
5. If
I am a Licensee, can I register my Licensor's Trade Mark?
A licensee can only validly register a licensor's trade mark with the permission of the licensor. Any registration obtained without the licensor's permission would be in bad faith and prima face invalid.
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